[§658A-28] Appeals.

442 words·~2 min read·/hi/658a-28

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

[§658A-28] Appeals.

(a)An appeal may be taken from:

(1)An order denying a motion to compel arbitration;

(2)An order granting a motion to stay arbitration;

(3)An order confirming or denying confirmation of an award;

(4)An order modifying or correcting an award;

(5)An order vacating an award without directing a rehearing; or

(6)A final judgment entered pursuant to this chapter.

(b)An appeal under this section shall be taken as from an order or a judgment in a civil action. [L 2001, c 265, pt of §1]

Case Notes

Intermediate court of appeals did not err in concluding that judgment entered on arbitration award was a final judgment appealable pursuant to this section because the judgment was entered in accordance with §658A-25(a), and the language of the judgment was plain and unambiguous that it was a final judgment entered in conformity with the arbitration award that disposed of all claims and parties. 140 H. 381, 400 P.3d 582 (2017).

Where circuit court denied motion to confirm arbitration award and remanded to arbitrator to rehear issue of appropriate remedy, the order denying the motion was not an appealable order and the appellate court lacked appellate jurisdiction under subsection (a). 123 H. 128 (App.), 230 P.3d 428 (2010).

Where arbitrator explicitly retained jurisdiction to decide the merits of the case, stating in the arbitrator's determination that "I hereby find and conclude that the class grievance is arbitrable on its merits and this matter shall proceed to further arbitration for a determination on the merits of a class grievance", the arbitrator's determination was not an "award" pursuant to subsection (a)(3); thus, appeals court could not review the appeal from the order granting motion to confirm arbitration as the order was unappealable pursuant to subsection (a)(3). 124 H. 367 (App.), 244 P.3d 604 (2010).

Although public workers' union was not engaged in arbitration proceedings at the time of the other public union's motion to compel consolidated arbitration pursuant to §658A-7, as the core purpose of the other public union's motion was to compel arbitration, appeals court had jurisdiction under this section over other public union's appeal from order denying motion for consolidated arbitration. 124 H. 372 (App.), 244 P.3d 609 (2010).

As subsection

(a)authorizes an appeal from an order confirming an award or from a final judgment entered pursuant to this chapter, given the express language and plain meaning of this section and §658A-25, appellants were authorized to appeal from either the order granting confirmation or the final judgment; thus, appellants' notice of appeal was timely with respect to the final judgment. 126 H. 179 (App.), 268 P.3d 432 (2012).