Monday, January 27, 2014

Is an order compelling arbitration appealable?

Well, it's not listed under CCP section 1294.
But today's appellate law case comes from federal court, not California.
The 9th Circuit dismisses an appeal (MediVas, LLC v. Marubeni Corp.) from an order compelling arbitration because the order did not explicitly dismiss or stay the action. The court held that the order implicitly stayed the action and thus was not a final decision. Further, the court adopted a rebuttable presumption that orders compelling arbitration without express dismissing the claims constitutes a stay as to those claims pending the arbitration.