Appellate Court Affirms McAlpin Tanner Marcotte Win Compelling International Arbitration & Enforcing Choice Of Law Clause
The 11th Circuit Court of Appeals has issued an opinion in favor of McAlpin Tanner Marcotte’s client affirming the trial court’s order compelling arbitration of a foreign crewmember’s Jones Act claim. The 11th Circuit Court of Appeals, which encompasses Florida, Georgia and Alabama, affirmed the trial court’s ruling that the crewmember must arbitrate her claim in Italy under Italian law in accordance with the terms of the collective bargaining agreement she agreed to upon her employment. The appellate court agreed with the lower court and McAlpin Tanner Marcotte in ruling that the choice of law provisions are indeed enforceable and that the crewmember enjoyed the protection of a collective bargaining agreement which included the mandatory arbitration provision. “We are extremely pleased that the 11th Circuit Court of Appeals agreed with our arguments and ruled entirely in favor of our cruise line client,” said Richard McAlpin, managing partner of McAlpin Tanner Marcotte.