Interlocutory Appeal of Orders Granting or Denying Stays of Arbitration

Authors

Michigan Law Review, University of Michigan Law School

Abstract

This Note attempts to resolve the conflict among the courts of appeals by examining the interests affected by orders granting and denying stays of arbitration. Part I considers the appealability of such orders under the collateral order doctrine developed by the Supreme Court in Cohen v. Beneficial Industrial Loan Corp. This doctrine permits interlocutory appeal of final orders adjudicating an important right that is collateral to the merits of the case and effectively unreviewable in a final judgment appeal. Part II considers whether orders on motions for stays of arbitration are reviewable as orders granting or refusing injunctions under section 1292(a)(l) of the Judicial Code. Both Parts conclude that orders staying arbitration are immediately appealable, but that courts should reject interlocutory appeals of orders refusing stays.

Recommended Citation

Michigan Law Review, Interlocutory Appeal of Orders Granting or Denying Stays of Arbitration, 80 Mich. L. Rev. 153 (1981).
Available at: https://repository.law.umich.edu/mlr/vol80/iss1/5