How have the courts dealt with the appeal from an order confirming an arbitration award?

MultiRegion, United States of America

The following excerpt is from Golden v. O'Melveny & Myers LLP, 19-56371, 20-55471 (9th Cir. 2021):

5. Finally, the district court properly proceeded to dispose of the bankruptcy claims and bankruptcy proceeding while the appeal from the order confirming the arbitration award was pending. "[W]here an appeal is taken from a judgment which does not finally determine the entire action, the appeal does not prevent the district court from proceeding with matters not involved in the appeal." Britton v. Co-op Banking Grp., 916 F.2d 1405, 1411 (9th Cir. 1990) (citation omitted). Here, the bankruptcy claims were "not involved in the appeal," so the district court could proceed to adjudicate those claims.

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