9th Cir.
12-55375
The court of appeals dismissed an appeal for lack of jurisdiction. The court held that a district court order compelling arbitration, but which neither explicitly dismissed nor stayed the action, was not a final appealable decision with respect to arbitration under the Federal Arbitration Act. The court held further that there exists a rebuttable presumption that an order compelling arbitration but not explicitly dismissing the underlying claims stays the action as to those claims pending the completion of the arbitration.
