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American Gen. Fin. Servs. v. Jape

An order denying a motion to compel arbitration is not directly appealable.

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We granted certiorari in this appeal to determine whether 9 USC § 16 a 1 B of the Federal Arbitration Act, 9 USC § 1 et seq., the “FAA”, which grants federal litigants the right to directly appeal a trial court’s order refusing to compel arbitration, preempts 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 we conclude § 5-6-34 b is a procedural statute not preempted by § 16 a 1 B, the Court of Appeal’s order dismissing the direct appeal filed in this case is affirmed.

In September 2010, appellant American General filed an action against appellee Daniel Jape to recover monies he allegedly owed pursuant to a loan agreement between the parties. The agreement contains an arbitration provision authorizing either party to elect to resolve by binding arbitration claims and disputes arising thereunder. It further provides that the FAA applies to and governs the agreement.

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