Remember the old Wrigley Doublemint gum slogan — double your pleasure, double your fun? Well, it used to be that because of a quirk in Texas law, attorneys seeking review of orders denying arbitration frequently had to do double duty and file an interlocutory appeal and a mandamus petition. But much to the relief of lawyers and clients alike, that’s no longer the case.
In Texas, appeals are authorized only from final orders or judgments unless an interlocutory appeal expressly is permitted by statute. Interlocutory appeals of orders denying arbitration have long been permitted by statute in cases arising under the Texas Arbitration Act (TAA). But no statutory exception existed for cases arising under the FederalArbitration Act (FAA). As a result, review in FAA-governed cases could be had only on mandamus. So, if there were any doubt about which act applied, the only prudent course would be to file both an interlocutory appeal and a mandamus petition.
