5th Circuit Blog

Fifth Circuit Panel Splits on Whether It Has Jurisdiction to Review a Remand Order to an Arbitration Panel for Clarification of the Arbitral Award

By Razvan Ungureanu on July 25, 2014

Section 16 of the Federal Arbitration Act allows an appeal from, among other things, “a final decision with respect to an arbitration that is the subject of [the FAA].” Does this provision allow an appeal from an order and accompanying final judgment that do not vacate an arbitration award, but remand the case to the arbitration panel for clarification or further consideration of the award? In other words, are such remand orders and final judgments “final decisions” within the meaning of Section 16 of the FAA?

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