October 23, 2012
John Doe v. Royal Caribbean Cruises, Ltd. – Part 2
Joint Trial Stipulation
Our experienced maritime attorneys handle cases in State and Federal Court, as well as in binding arbitrations. Often times crewmembers and/or passengers are required to arbitrate their claims against shipowners pursuant to clauses in employment or ticket contracts. When this happens, it is important to select a law firm comfortable with alternative dispute resolution. The experienced maritime attorneys at Lipcon, Margulies & Winkleman have handled numerous arbitrations on behalf of injured persons.
INTERNATIONAL CENTER FOR DISPUTE RESOLUTION
CASE NO. 50 517T 00788 11
ROYAL CARIBBEAN CRUISES LTD.,
STIPULATION BETWEEN PARTIES
It is hereby stipulated and agreed by and between counsel for Plaintiff and counsel for Defendant as follows:
Plaintiff (“Seafarer”) and Defendant (“Owner/Company”) agree to submit the present dispute to arbitration, subject to the numbered conditions below.
To the extent that this stipulation conflicts with the terms and provisions of Plaintiff’s employment contract(s) and/or Collective Bargaining Agreement(s) –including, but not limited the arbitration procedure in Article 35 of the of the applicable Collective Bargaining – (hereinafter “Employment Agreement(s)”); this stipulation shall supersede and amend the terms of the Employment agreement(s).
1.United States law shall apply to the substantive issues which arise in relation to liability for the alleged incident and damages. Thus, all substantive matters in this action shall be governed by the Jones Act U.S.C. §30104 and the General Maritime Laws of the United States.
2. Procedural issues shall be dealt with in accordance with the ICDR International Dispute Resolution Procedures.
3.The parties shall have the right in the arbitration to conduct two (2) examinations under oath of parties and witnesses, as well as to conduct medical examinations necessary to verify any injuries or damages claimed. All examinations of the seafarer, including medical examinations, shall take place in the location of the arbitration.
4.The arbitration shall take place in Miami, Florida.
5.The language of the arbitral proceedings shall be in English.
6.The owners/company and the Seafarer shall jointly appoint one arbitrator. The parties have agreed to appoint Judge Amy Dean as sole arbitrator in this matter. In the event that Judge Dean becomes unavailable, the parties agree to appoint Judge Israel Reyes
7.Each party shall bear its own attorney’s fees and costs incurred in connection with the arbitration. The Owner/Company shall pay for the administrative costs of the arbitration as well as the fees of the arbitrator.
8.There will be no ex parte communication with the arbitrator in this matter. Any and all written communications shall be copied to both parties in the same manner as to the arbitrator. Any oral communications shall only be permitted if all parties are present live or by other means.
9.Owners/Company stipulates that it will not raise any statute of limitations defense in this case that was not available at the time the original State Court complaint was filed in this matter, or any other similar defenses arguing that the claims are time barred.
Subject to the aforementioned terms Plaintiff (“Seafarer”) and Defendant (“Owner/Company”) agree to submit the present dispute to arbitration.
Respectfully submitted on this
For the Claimant/Seafarer,
LIPCON, MARGULIES, ALSINA & WINKLEMAN P.A.
By: Carlos Felipe Llinás Negret__________
CARLOS FELIPE LLINÁS NEGRET, Esq.
FL BAR NO. 73545
RICARDO V. ALSINA, Esq.
FL BAR NO. 883182
For Respondents/Owner Company,
RANDY S. GINSBERG
Attorney for Royal Caribbean Cruises, Ltd.
By: Randy S. Gibsberg___________________
RANDY S. GINSBERG , ESQ.
Fla. Bar. No. 185485