Note, Beyond the Sail: The Eleventh Circuit’s Thomas Decision and Its Ineffectual Impact on the Life, Work, and Legal Realities of the Cruise Industry’s Foreign Employees
By , February 8, 2012
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This article argues that despite the Supreme Court’s decision in Thomas v. Carnival Corp., which seemingly takes a balanced approach in enforcing private arbitration agreements by considering the federal policy of protecting foreign seafarrers, there exists inequity which exploits foreign cruise workers and obliterates any chance afforded to them under U.S. law of receiving adequate remedies. The paper specifically states that the realities of this context make it difficult for seafarers to submit to arbitration, often the only way for them to vindicate their rights.
