Originally from Dispute Resolution Journal

MARITIME—APPEALABILITY—28 U.S.C. § 1291

An order refusing to confirm a partial final award is not appealable. Liberian Vertex Transports (LVTl entered into a charter party with Associated Bulk Carriers that provided for arbitration. A dispute arose over amounts due under the contract and was submitted to a panel of three arbitrators. A majority of the panel issued a partial final award in LVPs favor, which LVT moved to confirm. The trial court held that the award was not confirmable, however, as it was not a "final and definite award" within the meaning of the U.S. Arbitration Act, 9 U.S.C. § 10(d). LVT appealed, but the Second Circuit Court of Appeals dismissed, ruling that the (rial court's refusal to confirm was a nonappealable interlocutory order under 28 U.S.C. § 1291. Stating that an appeal at this point in the arbitration process "threatens to add delay and expense to the final resolution of issues submitted to arbitration," the court concluded ihat allowing the appeal would result in piecemeal litigation of the kind specifically underlying the intent of 28 U.S.C. § 1291, the Federal Rules of Civil Procedure, Rule 54(b), and the U.S. Arbitration Act, 9 U.S.C. § 1 e( seq., and dismissed the appeal. Liberian Vertex Transports, Inc. v. Associated Bulk Carriers, Ltd., 738 F.2d 85 {2d Cir. 1984).