The Eleventh Circuit issued an unpublished Jones Act decision discussing–albeit briefly–removal and arbitration. Plaintiff argued against removal and arbitration. The Eleventh Circuit disagreed, saying:
Trifinov also contends that his Jones Act claim cannot, as a matter of law, be removed to federal court. We accept that Jones Act claims are not generally subject to removal. But that Jones Act claims may be subjected to arbitration under the [United Nations Convention on Recognition and Enforcement of Foreign Arbitral Awards] is clear. And the Convention authorizes the removal to federal court of claims “relat[ing] to an arbitration agreement or award falling under the Convention.”
Although we have not addressed the removal issue expressly, this Court has routinely compelled arbitration of Jones Act claims that have been removed under 9 U.S.C. § 205 when they relate to an arbitration agreement under the Convention. And the few other courts that have decided the issue have concluded that removal of Jones Act claims is proper under the Convention. We are persuaded that Trifinov’s Jones Act claim, which is governed by the Convention, was removed properly to federal court.