9 U.S.C. § 16 — Appeals

submitted 38 years ago by Pub. L. 100-702 to r/title-9-ARBITRATION · 177 words · no verdicts yet

in plain englishAI-generated · not legal advice

A party can appeal certain arbitration orders, like ones refusing a stay or denying arbitration. A party can also appeal a final decision in an arbitration case. But orders favoring arbitration — like ordering it to proceed — usually cannot be appealed right away.

(a) — A party can appeal from three kinds of decisions. (1) Certain orders: (A) an order refusing to pause ("stay") a court case under section 3; (B) an order denying a request under section 4 to make arbitration go forward; (C) an order denying a request under section 206 to compel arbitration; (D) an order confirming or refusing to confirm an arbitration award, in whole or in part; or (E) an order modifying, correcting, or throwing out an award. (2) An interim order granting, continuing, or changing an injunction that blocks an arbitration covered by this title. (3) A final decision in a case covered by this title. (b) — Except as section 1292(b) of title 28 allows, you cannot appeal from an interim order that: (1) grants a stay of a court case under section 3; (2) directs arbitration to go forward under section 4; (3) compels arbitration under section 206; or (4) refuses to block ("enjoin") an arbitration covered by this title.

the actual law source: uscode.house.gov ↗public domain

(a)

An appeal may be taken from—

(1)

an order—

(A)

refusing a stay of any action under section 3 of this title,

(B)

denying a petition under section 4 of this title to order arbitration to proceed,

(C)

denying an application under section 206 of this title to compel arbitration,

(D)

confirming or denying confirmation of an award or partial award, or

(E)

modifying, correcting, or vacating an award;

(2)

an interlocutory order granting, continuing, or modifying an injunction against an arbitration that is subject to this title; or

(3)

a final decision with respect to an arbitration that is subject to this title.

(b)

Except as otherwise provided in section 1292(b) of title 28, an appeal may not be taken from an interlocutory order—

(1)

granting a stay of any action under section 3 of this title;

(2)

directing arbitration to proceed under section 4 of this title;

(3)

compelling arbitration under section 206 of this title; or

(4)

refusing to enjoin an arbitration that is subject to this title.

Source credit: (Added Pub. L. 100–702, title X, § 1019(a), Nov. 19, 1988, 102 Stat. 4670, § 15; renumbered § 16, Pub. L. 101–650, title III, § 325(a)(1), Dec. 1, 1990, 104 Stat. 5120.)

history & why it existsrecord from the source credit

1988Enacted · Pub. L. 100-702 · 102 Stat. 4670
1990Amended · Pub. L. 101-650 · 104 Stat. 5120

A history note hasn’t been published yet. The record shows enactment by Pub. L. 100-702 on 1988-11-19.

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