United States / 12 October 2001 / United States, U.S. District Court, Eastern District of Louisiana / Wilfredo Jaranilla v. Megasea Maritime Ltd., Prankar Maritime S.A., Greece and Kouros Maritime Enterprises / 01-1449
Country | United States |
Court | United States, U.S. District Court, Eastern District of Louisiana |
Date | 12 October 2001 |
Parties | Wilfredo Jaranilla v. Megasea Maritime Ltd., Prankar Maritime S.A., Greece and Kouros Maritime Enterprises |
Case number | 01-1449 |
Applicable NYC Provisions | I | I(3) |
Source |
online: PACER |
Languages | English |
Summary | The Plaintiff, a Philippine national, signed employment contracts with the Defendants and joined the crew of the Defendants’ flagged vessel. The employment contracts contained arbitration agreements providing for arbitration before the Philippine National Labor Relations Commission. The Plaintiff was injured and filed suit under the Jones Act in Louisiana, executing a writ of non-resident attachment against the Defendants’ vessel when it entered waters within the court’s jurisdiction. The Defendants removed the case to federal court pursuant to the NYC. The Plaintiff moved to remand. The United States District Court for the Eastern District of Louisiana remanded the case to the state court for lack of federal subject-matter jurisdiction. In so holding, the Court noted that the United States, when adopting the NYC, agreed to apply it only to differences arising out of legal relationship that are considered commercial under the national law of the United States. The Court held that the language of the NYC, and Section 1 of the Federal Arbitration Act, excluded seafarers’ contracts of employment from the scope of commercial contracts, and that these contracts were therefore not governed by the NYC. |
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Attachment (1)
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