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University of Missouri School of Law

Journal

1997

Altman nursing

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Appeals Of Orders Compelling Arbitration In Embedded Proceedings Must Wait - Altman Nursing, Inc. V. Clay Capital Corp., Carla Kemp Jan 1997

Appeals Of Orders Compelling Arbitration In Embedded Proceedings Must Wait - Altman Nursing, Inc. V. Clay Capital Corp., Carla Kemp

Journal of Dispute Resolution

The enactment of ยง 16 of the Federal Arbitration Act (FAA) afforded courts with specific guidelines to follow in determining whether an order dealing with the arbitrability of a dispute is appealable. One issue, however, was not settled by the language of this statute. Altman Nursing, Inc. v. Clay Capital Corp. addresses this unresolved issue of whether an order compelling arbitration in the context of an embedded claim can be classified as final and immediately appealable