Justia Arbitration & Mediation Opinion Summaries
Articles Posted in Georgia Supreme Court
American General Financial Services v. Jape
The Supreme Court granted certiorari in this appeal to determine whether 9 USC 16 (a) (1) (B) of the Federal Arbitration Act (the "FAA"), which grants federal litigants the right to directly appeal a trial court's order refusing to compel arbitration, preempted OCGA 5-6-34 (b), a statute which requires parties seeking to appeal from such an order in state courts to follow interlocutory appeal procedures. Because the Court concluded section 5-6-34 (b) is a procedural statute not preempted by section 16 (a) (1) (B), the Court of Appeals' order dismissing the direct appeal filed in this case was affirmed.
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