United States Ninth Circuit

An appeal from an order compelling arbitration is dismissed for lack of jurisdiction where: 1) the district court neither explicitly dismissed nor explicitly stayed the action; 2) such an order implicitly stays the action and thus is not "a final decision with respect to an arbitration" under the Federal Arbitration Act; and 3) there is a rebuttable presumption that an order compelling arbitration but not explicitly dismissing the underlying claims stays the action as to those claims pending the completion of the arbitration.

Appellate Information

• Decided 01/27/2014
• Published 01/27/2014

Judges

• FISHER

Court

• United States Ninth Circuit

Counsel