Arbitration of Jones Act Injury Claims
As we have written in the past, we are generally not fans of arbitration when it comes to maritime claims. This is especially so for claims arising from collisions, property damage, and marine contracts. However, there is a common misconception by maritime claims professionals, including lawyers, that personal injury claims by seamen cannot be arbitrated because they are excluded under the Federal Arbitration Act. This belief is simply wrong. As Marissa Henderson explains in her new article on the topic, Avoiding a Jury Trial for Seaman’s Jones Act Personal Injury Claims: It Can be Done! appearing in the most recent issue of Benedict’s Maritime Law Journal, 17 Benedict’s Maritime Bulletin, Second Quarter, 2019, p 82, arbitration of seamen’s personal injury claims not only can be done, for marine employers, it should be done whenever possible.