Jules v. Andre Balazs Properties · ¶37

Jules's approach could also lead to unnecessarily complex dual-track litigation. Here, as is often the case when a § 3 stay is needed, the parties disputed not only whether the arbitral award should be confirmed or vacated, but also whether the dispute was arbitrable to begin with. See Pet. App. 4a–5a. Because orders staying an action pending arbitration under § 3 or compelling arbitration under § 4 can generally be appealed only after final judgment, see § 16(b), such appeals will usually occur only after an arbitral award issues and the claims pending in federal court are dismissed. That process neatly unfolded here: The same District Court that initially held Jules's claims to be arbitrable later confirmed the resulting award and entered judgment; then, both the arbitrability and confirmation issues went up to the Second Circuit together. Under Jules's preferred rule, however,…

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