The biggest difference between arbitration and a trial is that a trial takes place before a judge and jury. There is no judge or jury in arbitration. If, for some reason, it is not possible to include an explicit arbitration clause in an employment contract, the arbitration agreement may be established in a separate (signed) document or adopted by reference. For example, the employment contract may relate to a collective agreement which, in turn, has an obligation to arbitration. In addition, the applicant argues that an amendment to the Jones Act of 2008, which prohibits the provisions of the Jones Act by the provisions of the Jones Liability Act („FELA“), 45 U.S.C. S. 51 s., replaces the application of court selection clauses for claims under the Jones Act (D.E. #5 15). However, the applicant`s cases do not support her position. In Harrington v. Atlantic Sounding, 602 F.3d 113, 124 (2d Cir.
2010), the Second Circuit found that fela was not applicable to the arbitration agreements of sailors and found that its decision had been brought into compliance with „any other jurisdiction that has ruled the case.“ The applicant also refers to a footnote in Rozanska v. Princess Cruise Lines, which states that FELA`s interpretation jurisprudence prohibits the application of venue selection clauses for FELA employees and „in the cases of the Jones Act appears to apply to make the choice of venues . implementation. 07-23355-GOLD/MCALILY, 2008 U.S. Dist. LEXIS 95773, AT 17-8, n. 5 (S.D. Fla. 2008).
However, this full paragraph is a diktat, since the Tribunal expressly based its decision on another analysis. On 18 January 2005, the eleventh district court decision was upheld. Bautistia v Star Cruises and Norwegian Cruise line, Ltd, 396 F.3d 1289 (Eleventh Cir. 2005). This unfair decision established that the contracts of foreign sailors are commercial legal relationships under the agreement and that the contracts signed by each crew member met the condition of the submission to the Tribunal of an arbitration agreement signed by the parties. The decision confirmed that the rights of seafarers for bodily harm (negligence and incapacity) and subsistence and healing were rights arising from their employment. (Although not specifically in the notice of claims for wages and the status of the U.S. penalty are not subject to arbitration proceedings). The terms and conditions of employment of Filipino sailors, a document introduced by reference to the sailor`s employment contract, contained the arbitration agreement. Jury trial is recognized by U.S. courts as a means of resolving disputes.
Arbitration procedures are used to replace formal court procedures, such as U.S. courts. In 1925, the Federal Arbitration Act was signed into U.S. law. Arbitration is a form of alternative dispute resolution. If a contract or agreement contains a right of arbitration, these clauses require the courts at all levels to apply the arbitration agreements that many companies, including cruise lines, have used in many contracts.