Civil Litigation,
Alternative Dispute Resolution
Mar. 25, 2021
Appealing orders on arbitration in federal court
Can a federal court order deciding whether to compel arbitration be appealed? It depends.
Gary A. Watt
Partner
Hanson Bridgett LLP
State Bar Approved, Certified Appellate Specialist
Email: gwatt@hansonbridgett.com
Gary chairs Hanson Bridgett's Appellate Practice. He is a State Bar-approved, certified appellate specialist. In addition to writs and appeals, his practice includes anti-SLAPP and post-trial motions as well as trial and appellate consulting. His blog posts can be read at www.appellateinsight.com.
Patrick Burns
Partner
Hanson Bridgett LLP
Email: pburns@hansonbridgett.com
Patrick is a partner in the firm's Appellate Practice. Patrick focuses on writs and appeals, as well as law and motion in the state and federal courts. A former litigator at a global law firm, Patrick has experience litigating high-stakes disputes. He can be reached at pburns@hansonbridgett.com and his blog posts can be read at www.appellateinsight.com.
Can a federal court order deciding whether to compel arbitration be appealed? While federal appellate jurisdiction is generally limited to district court "final decisions" (28 U.S.C. Section 1291), the Federal Arbitration Act authorizes appeals from orders denying arbitration. But appealing an order that compels arbitration depends on whether the district court dismisses the civil action a...
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