St. Thomas Law Review
First Page
198
Document Type
Comment
Abstract
This Comment discusses the emergence of mandatory arbitration clauses in seafarer employment contracts, and how these clauses impact cases of sexual assault. Part II will trace the origin of arbitration, the history of seafarer rights and remedies, a Supreme Court decision that opened the door to arbitration of sexual assaults, and its progeny in the Eleventh Circuit. Finally, Parts III and IV will suggest solutions to address the issue presented in this Comment. With that in mind, this Comment does not aim to disparage or discredit arbitration at large. Arbitration, when mutually agreed to, can be an effective means of alternative dispute resolution. The narrow focus of this Comment is the inequity of compelling arbitration of sexual assaults, and how this phenomenon relates to maritime law.
Recommended Citation
Andrew Bratslavsky,
Mandatory Arbitration of Sexual Assaults in Maritime Law,
31
St. Thomas L. Rev.
198
(2019).
Available at:
https://scholarship.stu.edu/stlr/vol31/iss2/5