Ex-MSC Cruises Crewman Fights Arbitration In Injury Suit

By Joyce Hanson (July 29, 2021, 7:12 PM EDT) -- A former crewman on an MSC Cruises vessel who claims the ship's doctor ignored his kidney condition has told a Florida federal judge that he shouldn't have to go to arbitration, saying conflicting dispute-resolution clauses in his employment and collective bargaining agreements cancel each other out.

Darwin Humberto Cortez Martinez on Wednesday opposed MSC Cruises SA Co.'s motion to either compel arbitration or dismiss his suit, arguing that his "seafarer's employment contract" requires that job-related disputes be adjudicated in the jurisdiction of a vessel's flag state ― Panama, in this case ― while his CBA calls for arbitration of disputes in...

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