Chapter 9 - § 9.10 • APPEALS OF ORDERS DENYING OR COMPELLING ARBITRATION

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§ 9.10 • APPEALS OF ORDERS DENYING OR COMPELLING ARBITRATION

If all claims are federal as to arbitration, the court should stay, not dismiss, the civil action.79

The impact of this distinction is that dismissal would make appealable an order compelling arbitration, whereas stay does not.

• Annot., Appealability of Order or Decree Compelling or Refusing to Compel Arbitration,94 A.L.R.2d 1071.


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Notes:

[79] Katz v. Cellco Partnership, 794 F.3d 341 (2d Cir. 2015).

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