Thanks for visiting! Welcome to a new way to research case law. You are viewing a free summary from Descrybe.ai. For citation checking, legal issue analysis, and other advanced tools, explore our Legal Research Toolkit — not free, but close.
Razo v. Nordic Empress Shipping Ltd.
Citation: 362 F. App'x 243Docket: Nos. 08-3442, 08-3631
Court: Court of Appeals for the Third Circuit; October 28, 2009; Federal Appellate Court
The court affirms the District Court's order compelling arbitration of claims brought by Razo, a Philippine citizen employed on the cruise ship MW Empress of the Seas, against Royal Caribbean and Nordic Empress Shipping. Razo alleged injuries from a lifeboat drill and filed various claims, including Jones Act negligence and unseaworthiness, in New Jersey state court, which were removed to federal court. The District Court found an arbitration agreement existed based on a collective bargaining agreement that incorporated Philippine Overseas Employment Administration standards. Razo contended that the arbitration agreement was unenforceable under the New York Convention Act due to conflicting contract provisions. However, the court concluded that the contract's language did not conflict and that both the agreement and the Convention’s requirements were satisfied. The Philippines is a signatory to the Convention, Razo is not a U.S. citizen, and employment contracts for seamen fall under “commercial relationships” as defined by the Act. The court rejected Razo's attempts to invoke the Jones Act and Federal Employer’s Liability Act, finding that the Convention Act provided a separate jurisdictional basis and that the Jones Act was inapplicable. Furthermore, Razo could not use forum non conveniens to challenge the arbitration venue in the Philippines. Regarding Nordic's appeal on the remand of unseaworthiness claims, the court upheld the District Court's ruling that Nordic, as the shipowner, remains liable and cannot evade responsibility through contractual defenses linked to Royal Caribbean. The court affirmed the District Court's decisions in all respects.