Monday, August 29, 2011

Eleventh Circuit -- Lindo v. NCL (BAHAMAS), LTD.

Contract term mandating arbitration in Nicaragua (under Bahamian law) of Jones Act claims enforced as not against public policy.

Strong presumption for arbitration clause enforcement.

Statutory claims are arbitrable.

Not unconscionable agreement.

Pubic policy defense is to be made at time arbitration award, not time of compelling arbitration.

No subject-matter exception for arbitrating Jones Act claims.  

Dissent: prospective waiver of statutory rights violates public policy.

Lindo v. NCL (BAHAMAS), LTD.

Compiled by D.E. Frydrychowski, who is, not incidentally, not giving you legal advice.

Category tags above are sporadically maintained Do not rely. Do not rely. Do not rely.

Author's SSRN page here.