25-2620. Appeals.

468 words·~2 min read·/ne/chapter-25/25-2620

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

(a)An appeal may be taken from:

(1)An order denying an application to compel arbitration made under section 25-2603 ;

(2)An order granting an application to stay arbitration made under subsection

(b)of section 25-2603 ;

(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 judgment or decree entered pursuant to the provisions of the Uniform Arbitration Act.

(b)The appeal shall be taken in the manner and to the same extent as from orders or judgments in a civil action.

An order denying an application to vacate an arbitration award is not a final and appealable order; such an order may be reviewed upon an appeal from an order confirming the arbitration award. Cinatl v. Prososki, 307 Neb. 477, 949 N.W.2d 505 (2020).

When this section is silent regarding the appealability of an arbitration-related order, an appellate court looks to section 25-1902 to determine whether the order is final and appealable. Cinatl v. Prososki, 307 Neb. 477, 949 N.W.2d 505 (2020).

This section authorizes appellate jurisdiction to review certain arbitration-related orders, such as an order denying an application to compel arbitration or an order granting an application to stay arbitration. But this section does not address whether a party may appeal an order granting an application to compel arbitration or to stay judicial proceedings. Appellate jurisdiction to review an order compelling arbitration and staying the action is determined by looking to the general final order statute, section 25-1902. Boyd v. Cook, 298 Neb. 819, 906 N.W.2d 31 (2018).

An order compelling arbitration or staying judicial proceedings pending arbitration is a final order under the second category of section 25-1902. It affects a substantial right in an independent special proceeding because it disposes of all the issues presented. Kremer v. Rural Community Ins. Co., 280 Neb. 591, 788 N.W.2d 538 (2010).

The list of appealable arbitration orders under this section is not exclusive. Kremer v. Rural Community Ins. Co., 280 Neb. 591, 788 N.W.2d 538 (2010).

In reviewing a trial court's decision to vacate, modify, or confirm an arbitration award under Nebraska's Uniform Arbitration Act, an appellate court is obligated to reach a conclusion independent of the trial court's ruling regarding questions of law; however, the trial court's factual findings will not be set aside on appeal unless clearly erroneous. Aramark Uniform & Career Apparel v. Hunan, Inc., 276 Neb. 700, 757 N.W.2d 205 (2008).

Under subsection (a)(5) of this section, an order which vacates an arbitrator's award without directing a rehearing is appealable, whereas an order which vacates an award and directs a rehearing is not appealable. Nebraska Dept. of Health & Human Servs. v. Struss, 261 Neb. 435, 623 N.W.2d 308 (2001).