Thomas v. Carnival Corp.

Puliyurumpil Mathew Thomas (plaintiff) worked as a head waiter on a cruise ship operated by Carnival Corp. (defendant). Thomas’s employment contract with Carnival at that time did not contain an arbitration clause. In November 2004, Thomas slipped and fell while working on the ship, dropping his coffee pot. Thomas suffered injuries to his spine and shoulder, and the coffee burned his leg. Thomas sought treatment from Carnival’s onboard physician, who only addressed the burn. Due to his injuries, Thomas was signed off the vessel, but he was required to use his vacation time instead of receiving medical leave. Thomas did not receive any maintenance payments or treatment for his injuries during that time. In January 2005, Thomas returned to work on Carnival’s ship. Thomas sought treatment several times from the onboard physician for his injury, but he was signed off the vessel once more, again using vacation time without pay. In October 2005, Thomas signed a new contract with Carnival before joining the ship a final time. The new contract contained an arbitration clause requiring that any disputes arising out of Thomas’s employment be arbitrated in the Philippines and resolved under Panamanian law. Thomas was eventually discharged from employment because he was unable to perform his duties. Thomas sued Carnival, alleging a negligence claim under the Jones Act, claims under United States maritime law, and a claim for failure to pay wages under the Seaman’s Wage Act. After removing the case to federal court, Carnival moved to compel arbitration based on the new employment contract under the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the convention). The district court granted Carnival’s motion. Thomas appealed, arguing among other things that the convention did not apply because the employment contract that was in effect at the time his claims arose did not contain an arbitration clause, and he further argued that even if the convention could apply to his claims, the public policy of the United States barred enforcement of arbitration.