You cannot stipulate Arbitration in a Jones Act employment contract...Or can you? In Aaron Trejo v. Sea Harvest, the court ruled that the arbitrator should decide the enforceability of an arbitration clause in the employment contract, leading to a defense verdict. This case underscores the increasing enforcement of arbitration agreements in maritime disputes. Articles Paul Brewer Published: November 13, 2024 Contact author Download article pdf Background: Plaintiff and crewmember Aaron Trejo sustained injury whilst working on-board Sea Harvest’s fishing vessel the Atlantic Bounty. Suit was filed following which the defendant filed a motion to have the case dismissed in favour of arbitration, as per the terms of the employment contract. The Contract: The employment contract contained an agreement between the parties to resolve disputes via arbitration in Philadelphia. Importantly the contract included provisions requiring that the validity of the arbitration agreement should be determined by the arbitrator and that where the Federal Arbitration Act (FAA) did not apply, the laws of the State of New York were to be applied in determining enforceability of the provision. The Motion to Dismiss in favour of Arbitration: It was accepted that the employment contract was unenforceable under the FAA, which contains an exception for contracts of employment for seafarers and railroad employees. However, the court noted this does not necessarily make it unenforceable but rather it becomes a matter of state as opposed to federal law and so the court should look to state law to decide whether arbitration should be compelled. Thereafter, the court remarked that there was an important first step to consider before deciding whether to enforce the arbitration clause. And this was to whom does that decision fall? Therefore, the court did not consider the issue of enforceability but instead concentrated on who should be the one to determine this. When focusing on this narrow issue the c