IN THE UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

CASE NO.: ______________ CIV - _____________________

ANTONIO SISCA,

Plaintiff, 

v.

HAL MARITIME, LTD and

PRINCESS CRUISE LINES, LTD.,

Defendant.

________________________________________/

DEFENDANTS’ NOTICE OF REMOVAL OF CIVIL ACTION

PURSUANT TO RULE 9 U.S.C. § 205 AND 28 U.S.C. §1441

Defendants, HAL MARITIME, LTD (“HAL”) and PRINCESS CRUISE LINES, LTD. 

(“Princess”) (collectively “Defendants”), for the purpose of removing this action from the Circuit 

Court of the 11th Judicial Circuit in and for Miami-Dade County, Florida, to the United States 

District Court of the Southern District of Florida, with full reservation of rights, exceptions and 

defenses, respectfully represent:

1. Plaintiff, Antonio Sisca (“Plaintiff”), alleges he was a crewmember aboard the M/S 

Ruby Princess (“Ruby Princess”). (See Complaint at ¶¶5-6, attached hereto as Exhibit 1.)

2. HAL is a British Virgin Islands corporation. (See Executed Employment Agreement, 

attached hereto as Exhibit 2.)

3. Princess is a Bermuda corporation. (See Washington State Certificate of Authority, 

attached hereto as Exhibit 3.)

Case 1:20-cv-22911-BB Document 1 Entered on FLSD Docket 07/14/2020 Page 1 of 6
2

Plaintiff executed an Employment Agreement with HAL that provided notice of an arbitration 

agreement. (See Executed Employment Agreement, Ex. 2.) 

4. Pursuant to that agreement, Plaintiff agreed that he would arbitrate any disputes 

arising out of his employment in Italy, which is his country of citizenship. (See Seagoing 

Employment Agreement – Terms and Conditions, May 1, 2019 Version, (“SEA”) at Article 18B, 

attached hereto as Exhibit 4.) 

5. Plaintiff agreed that he was bound by the terms and conditions set forth in the SEA.

(See Executed Employment Agreement, Ex. 2.). Plaintiff expressly acknowledged that he read the 

Arbitration Provision contained in the Terms and Conditions. (See Id.) The page of the Employment 

Agreement executed by Plaintiff states:

THE TERMS AND CONDITIONS ATTACHED HERETO (MAY 1, 2019 

VERSION) APPLY TO, AND ARE AN INTEGRAL PART OF, THIS 

AGREEMENT. BY SIGNING BELOW, YOU ACKNOWLEDGE THAT YOU 

HAVE BEEN AFFORDED THE OPPORTUNITY TO REVIEW THE TERMS 

AND CONDITIONS WHICH SHALL BE SENT TO YOU IN EMAIL AND/OR 

OTHERWISE AVAILABLE FOR YOU TO ACCESS ON EFLEET, THE 

COMPANY’S INTRANET SYSTEM (UNDER HUMAN RESOURCES). YOU 

SPECIFICALLY ACKNOWLEDGE THAT YOU HAVE READ AND AGREE 

TO THE ARBITRATION PROVISION CONTAINED IN ARTICLE 18B AND 

THE PRIVACY NOTICE/ACKNOWLEDGEMENT CONTAINED IN ARTICLE 

20 OF THE TERMS AND CONDITIONS. YOU FURTHER ACKNOLEDGE AND 

AGREE THAT: (1) YOU HAVE BEEN AFFORDED AN OPPORTUNITY TO 

SEEK ADVICE ON THIS AGREEMENT BEFORE SIGNING IT; (2) YOU HAVE 

RECEIVED THIS AGREEMENT IN PRINTED OR ELECTRONIC FORM; (3) AN 

ELECTRONIC SCAN, COPY OR FACSIMILE OF THIS AGREEMENT AND ITS 

ATTACHMENTS SHALL BE AS VALID AS THE ORIGINAL; (4) YOU HAVE 

RECEIVED A FULL COPY OF THIS AGREEMENT CONSISTING OF THIS 

PAGE PLUS THE ATTACHED 17-PAGE TERMS AND CONDITIONS; AND (5) 

COMPANY’S RETENTION OF THIS AGREEMENT IN PAPER OR 

ELECTRONIC FORM IS DEEMED CONCLUSIVE AND IRREFUTABLE 

EVIDENCE THAT YOU HAVE RECEIVED AND SIGNED THIS AGREEMENT.

(See Executed Employment Agreement, Ex. 2.) (emphasis added). 

6. By executing the Employment Agreement, Plaintiff agreed to the terms and 

conditions contained therein and in the attached SEA, including its arbitration provision. Plaintiff 

Case 1:20-cv-22911-BB Document 1 Entered on FLSD Docket 07/14/2020 Page 2 of 6
3

agreed he would arbitrate any disputes in Italy. (See Exhibits 2 and 4, collectively the “Employment 

Agreement.”)

7. Article 18B of the Employment Agreement is entitled “Arbitration” and states as 

follows:

Any disputes whatsoever relating to or in any way arising out of this Agreement or 

your service on board a ship, including but not limited to wage disputes, property 

damage, personal injury, death or any other claim, shall be governed exclusively by 

the laws specified in the applicable Collective Bargaining Agreement or governmentmandated contract. In the absence of any such Agreement or specification, such 

disputes shall be governed in all respects by the Laws of the British Virgin Islands. 

You hereby agree, on behalf of yourself and your successors, assigns, heirs, 

dependents or representatives, that any disputes shall be arbitrated, if at all, 

exclusively according to the terms specified in any applicable Collective Bargaining 

Agreement or government-mandated contract. In the absence of such Agreement, 

terms or contract, all such disputes no matter how described, pleaded or styled, 

shall be resolved by binding arbitration pursuant to the United Nations 

Convention on the Recognition and Enforcement of Foreign Arbitral Awards 

(New York 1958), 21 U.S.T. 2517, 330 U.N.T.S. 3, 1970 U.S.T. LEXIS 115, 

exclusively in your country of citizenship or, if your home country is not a party 

to the Convention, then in Seattle, Washington.

(See SEA, Ex. 4, Article 18B) (emphasis in original.) 

8. Plaintiff claims that on or about April 23, 2020, he fell and suffered personal injury 

while assisting another crewmember who became seasick. (See Complaint at ¶ 14, Ex. 1.) 

9. On or about June 22, 2020 Plaintiff filed suit in the Circuit Court for the 11th Judicial 

Circuit in and for Miami-Dade County, Florida. The action was originally entitled Antonio Sisca v. 

HAL Maritime, Ltd and Princess Cruise Lines, Ltd. (Corp.), case number 2020-013113-CA-01. 

Plaintiff’ Complaint alleges Negligence against HAL (Count I), Negligent Failure To Provide 

Prompt and Adequate Medical Treatment against HAL (Count II), Failure To Provide Maintenance 

and Cure against HAL (Count III), Failure To Provide Maintenance and Cure against Princess (Count 

IV), Unseaworthiness against Princess (Count V), and Negligence against Princess (Count VI). (See 

generally Complaint, Ex. 1.)

Case 1:20-cv-22911-BB Document 1 Entered on FLSD Docket 07/14/2020 Page 3 of 6
4

10. On or about June 24, 2020 Plaintiff served HAL with the Complaint. (See Proof of 

Service, attached hereto as Exhibit 5).

11. On or about June 24, 2020 Plaintiff served Princess with the Complaint. (See Proof 

of Service, attached hereto as Exhibit 6).

12. Plaintiff’s claims must be submitted to arbitration. Plaintiff agreed that “[a]ny 

disputes whatsoever relating to or in any way arising out of this Agreement or [his] service on board 

a ship, including but not limited to wage disputes, property damage, personal injury, death or any 

other claim, ... no matter how described, pleaded or styled, shall be resolved by binding 

arbitration pursuant to the United Nations Convention on the Recognition and Enforcement 

of Foreign Arbitral Awards (New York 1958), 21 U.S.T. 2517, 330 U.N.T.S. 3, 1970 U.S.T. 

LEXIS 115, exclusively in [his] country of citizenship...” (See SEA, Ex. 4, Article 18B) 

(emphasis in original.) The claims asserted against Defendants clearly fall within the agreement to 

arbitrate made between the parties. 

13. Pursuant to the terms and conditions of Plaintiff’s Employment Agreement, the 

parties are mandated to submit the dispute to arbitration in Italy. Accordingly, both at the time the 

lawsuit was filed in State Court and at the time of the present removal, this dispute is subject to 

mandatory arbitration in Italy. 

14. Plaintiff’s Employment Agreement and the foreign arbitration are subject to the 

provisions of The Convention of the Recognition and Enforcement of Foreign Arbitral Awards 

(hereinafter the “Convention”), and therefore the Convention and its enabling legislation are 

controlling pursuant to 9 U.S.C. §201 et seq. 

15. The United States has implemented the Convention, through the enactment of 9 

U.S.C. §§ 201-208.

Case 1:20-cv-22911-BB Document 1 Entered on FLSD Docket 07/14/2020 Page 4 of 6
5

16. Accordingly, this Court has subject matter jurisdiction by virtue of 28 U.S.C §1331, 

28 U.S.C. §1333, and 9 U.S.C. §202 et seq. 

17. This Court has removal jurisdiction pursuant to 9 U.S.C. §202 et seq. and, to the extent 

applicable, 28 U.S.C. §1441. See 9 U.S.C. § 205 (“Where the subject matter of an action ... pending 

in a State court relates to an arbitration agreement ... under the Convention, the defendant ... may 

... remove such action....”)); see also Bautista v. Star Cruises, 396 F.3d 1289, 1292-93 (11th Cir. 

2005) (affirming removal under the Convention and compelling arbitration); Lindo v. NCL

(Bahamas) Ltd., 652 F.3d 1257 (11th Cir. 2011) (same).

18. Defendants’ Notice of Removal is timely and properly filed pursuant to 9 U.S.C. §202 

– §205, which allows removal of such claims at any time before trial.

19. Upon filing of this Notice of Removal, Defendants will promptly give written notice 

thereof to Plaintiff, through his attorneys of record, and the Clerk of the Circuit Court for the 11th 

Judicial Circuit in and for Miami-Dade County, Florida. (See copy of Notice to be filed with the 

State Court attached hereto as Exhibit 7.)

20. Pursuant to 28 U.S.C. §1446(a), a copy of all process, pleadings, and orders served 

on Princess are attached hereto as Composite Exhibit 8. 

WHEREFORE, Defendants, HAL Maritime, Ltd and Princess Cruise Lines, Ltd., 

respectfully move that the Notice of Removal be accepted as good and sufficient as required by law, 

and that the aforesaid action, case number 2020-013113-CA-01on the docket of the Court for the 

11th Judicial Circuit in and for Miami-Dade County, Florida, be removed from that court to the 

United State District Court for the Southern District of Florida, and that this Court assume full and 

complete jurisdiction thereof and issue all necessary orders and grant all general equitable relief to 

which Defendants are entitled.

Dated: July 14, 2020

Case 1:20-cv-22911-BB Document 1 Entered on FLSD Docket 07/14/2020 Page 5 of 6
6

Miami, Florida

MALTZMAN & PARTNERS, P.A.

By: /s/ Steve Holman

Jeffrey B. Maltzman, Esq.

Florida Bar No. 0048860

jeffreym@maltzmanpartners.com 

Steve Holman, Esq.

Florida Bar No. 547840

steveh@maltzmanpartners.com

Coral Gables, FL 33134

Tel: 305-779-5665 / Fax: 305-779-5664

Attorneys for Defendant HAL Martimime, LTD and Princess 

Cruise Lines, LTD

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of the foregoing was sent via Electronic 

Mail to: Julio J. Ayala, Esq., crewesq@crewadvocacy.com, Crewmember & Maritime Advocacy 

Center, PA 113 Almeria Avenue, Coral Gables, FL 33134, this 14th day of July, 2020.

By: /s/ Steve Holman 

Steve Holman, Esq.

Florida Bar No. 547840

steveh@maltzmanpartners.com

Case 1:20-cv-22911-BB Document 1 Entered on FLSD Docket 07/14/2020 Page 6 of 6