Tagged: Section 16(a)(1)(E)
“[I]n Section 16(a)(1)(D), which was added to the FAA by amendment in 1988, the FAA mentions only in passing that an appeal may be taken from ‘[a]n order…confirming or denying confirmation of an award or partial award.’ Section 16(a)(1)(D) no doubt came into existence due to the fact that in the early 1980s, various federal courts began to conclude that arbitral awards that were interlocutory in nature were, at least in some instances, subject to immediate confirmation and vacatur proceedings.”
Source: James M. Gaitis. Finality, Ripeness, and Functus Officio: The Interlocutory Arbitral Award Conundrum. Journal of the ACCL. Vol. 7, No. 2. pg. 12-13. 2013
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