Jane Doe v. Royal Caribbean Cruises, Ltd., No. 05-13895 (11th Cir. 2006)
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[DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT FILED ________________________ U.S. COURT OF APPEALS ELEVENTH CIRCUIT MAY 18, 2006 THOMAS K. KAHN CLERK No. 05-13895 Non-Argument Calendar ________________________ D. C. Docket No. 04-21627-CV-WMH JANE DOE, Plaintiff-Appellant, versus ROYAL CARIBBEAN CRUISES, LTD., Defendant-Appellee. ________________________ Appeal from the United States District Court for the Southern District of Florida _________________________ (May 18, 2006) Before ANDERSON, BIRCH and WILSON, Circuit Judges. PER CURIAM: Jane Doe appeals the District Court s order compelling arbitration in this case. We hold that the District Court did not err in compelling arbitration in the Philippines because there was an enforceable arbitration agreement between the parties, and it is not apparent that Doe is precluded from having her claims arbitrated in the Phillippines. See Bautista v. Star Cruises, 396 F.3d 1289, 1302-03 (11th Cir.), cert. dismissed, ___ U.S. ___, 125 S. Ct. 2954, 162 L. Ed. 2d 884 (2005). We do reserve jurisdiction to remand this case for trial if Doe s claim that she has no forum to arbitrate all of her claims in the Philippines proves to be correct. See Acosta v. Norwegian Cruise Line, Ltd., 303 F. Supp. 2d 1327, 1332 (S.D. Fla. 2003) (retaining jurisdiction to remand the action to a Florida state court in the event the Philippine tribunal rejected the claim). AFFIRMED. 2
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