In this week’s installment of Arbitration Nation, we’re going to look at when a “decision with respect to an arbitration” may be appealed. 9 U.S.C. § 16 provides part, but only part, of the answer. The rule essentially establishes the right of a party losing a motion to compel arbitration in a federal court to appeal that decision immediately. In contrast, a party who has been compelled to arbitration cannot appeal that decision immediately unless she first secures permission from both the district court and the court of appeals under 28 U.S.C. § 1292(b). See9 U.S.C. § 16(b).
That seems pretty easy, right? Well, maybe it should be, but some wicked complications come up in at least four situations.
