Arbitration Order Staying Suit Not Appealable, 9th Circ. Says

Law360, New York (January 28, 2014, 9:26 PM EST) -- The Ninth Circuit on Monday ruled that it did not have jurisdiction to review a lower court's order compelling arbitration in a biomedical company's contract dispute with Japan's Marubeni Corp., adopting the presumption that an order compelling arbitration that neither explicitly dismisses nor stays the action is not appealable.

A three-judge panel ruled it doesn't have jurisdiction to review U.S. District Judge Thomas J. Whelan's August 2011 order sending some of MediVas LLC's claims against Marubeni to arbitration, finding the order implicitly stayed the case as...
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