October 26 2011
START DATE
END DATE
November 4 2011
Princess Cruise Lines Ltd. -v- Amanda Matthews
COURT:
LAW:
JUDGE(S):
CLAIMANT'S LAWYER:
DEFENDANT'S LAWYER:
The Supreme Court of Bermuda
COMMERCIAL COURT
Kawaley J
Mr. Attride-Stirling and Mr. Shannon Dyer Attride-Stirling & Woloniecki
Not represented
FACTS OF THE CASE:
Defendant filed a complaint against the Plaintiff in the Circuit Court for Broward County Florida alleging negligence unseaworthiness and failure to provide maintenance and cure under the General Maritime Law related to injuries suffered on the Defendant?s vessel. The court compelled arbitration. The dispute over the third arbitrator's nationality and qualifications focusing on familiarity with Bermudian procedural law versus US substantive law.
SUMMARY:
Whether a Bermudian or US attorney should be appointed as the third arbitrator based on the governing law of the dispute and the qualifications necessary for understanding and adjudicating the claim.
OUTCOMES:
Appointment of former Bermuda Supreme Court Judge Mr. Geoffrey Bell Q.C. as the third arbitrator awarding costs to the Plaintiff.
RULED IN FAVOUR OF:
Plaintiff
PLAINTIFF/CLAIMANT
DEFENDANT:
DURATION (DAYS):
ISSUES:
RELEVANCE:
RULING:
RULING TYPE:
CASES CITED:
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Princess Cruise Lines Ltd. -v- Amanda Matthews
Defendant filed a complaint against the Plaintiff in the Circuit Court for Broward County Florida alleging negligence unseaworthiness and failure to provide maintenance and cure under the General Maritime Law related to injuries suffered on the Defendant?s vessel. The court compelled arbitration. The dispute over the third arbitrator's nationality and qualifications focusing on familiarity with Bermudian procedural law versus US substantive law.