Appellate Insights

Timing is everything; especially when determining the jurisdictional deadline to appeal.  Appeals of arbitration-related orders present unique subtleties.  The key rules are:

• Arbitrability.  Orders denying arbitration must be immediately appealed, but do not automatically stay further proceedings in state court.  On the other hand, orders compelling arbitration are not appealable until after an award is rendered and confirmed.

• Confirmation/correction.  Orders confirming an award (or correcting and confirming as corrected) are not appealable.  Instead, the deadline to appeal runs from post-confirmation entry of judgment.

• Vacatur.  Orders vacating an award are usually appealable.  An exception exists when the written order explicitly directs the parties back to arbitration.  (So be careful what you ask the trial court to do.)

• Orders “partially vacating and partially confirming.”  Although trial courts issue such orders all the time, the Courts of Appeal have repeatedly held that the law does not technically permit this.  So, do you treat such an order as a vacatur order and appeal immediately?  Or do you treat it like a confirmation order and wait for the judgment?  Better to be safe than sorry:  Calculate the appeal deadline from the “partial” vacatur order.

► The practical message:   Whenever you receive an adverse ruling, immediately confirm the rules and deadlines to appeal.