By: dmc-admin//November 23, 2009//
Admiralty
Arbitration; appealability
The court has no jurisdiction to review a district courts' denial of a motion to stay a case pending arbitration in an admiralty dispute.
"Bluegrass Marine appealed, relying on 9 U.S.C. §16(a)(1)(A), which authorizes interlocutory review of any order 'refusing a stay of any action under section 3 of this title'. There are two problems: First, §16 is part of the Act and so, under the language of §1, does not apply to any employment contract involving a seaman. See Pryner v. Tractor Supply Co., 109 F.3d 354, 360 (7th Cir. 1997). Second, §3 also is inapplicable, and Bluegrass Marine's motion for a stay did not rely on it. Instead Bluegrass Marine founded its motion on the parties' contract and Illinois law. Neither §3 nor §16 applies to a motion to stay litigation when state rather than federal law is the source of the obligation to arbitrate. Consequently we lack appellate jurisdiction, for Sherwood's action is ongoing in the district court."
Dismissed.
09-2045 Sherwood v. Marquette Transportation Co., LLC
Appeal from the United States District Court for the Southern District of Illinois, Gilbert, J., Easterbrook, J.