Kaustubh Badkar vs. NCL (Bahamas) Ltd.

Lipcon, Margulies, Alsina & Winkleman, P.A - Maritime Lawyer

May 09, 2011

Kaustubh Badkar vs. NCL (Bahamas) Ltd.


In this order the Southern District of Florida denied in part and granted in part the Defendant’s motion to compel the arbitration of a seafarer’s claims.  Even though his contract and collective bargaining agreement called for arbitration, the Plaintiff argued he should not be compelled to arbitration because that would force him to waive his U.S. statutory rights.  Ultimately the Southern District agreed and denied the defendant’s motion as to all of the Plaintiff’s U.S. statutory claims.