U.S. Court of Appeals for the 9th Circuit
Feb. 19, 2014
Appealing orders compelling arbitration just got tougher
The 9th Circuit recently adopted a rebuttable presumption that an order compelling arbitration stays, but does not dismiss, an action. By Paul D. Fogel and Adam M. Forest
The Federal Arbitration Act is designed to help parties transition quickly from court to arbitration. For parties who disagree with a district court order compelling arbitration, an appeal is one way to slow that transition. Although Supreme Court precedent permits an appeal from such an order when the court also dismisses the action, it forbids an appeal when the court merely stays the action pending arbitral resolution. ...
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