Salim Oleochemicals v. Shropshire

Submitted: August 20, 2001 Plaintiff-appellant brought an action against defendants-appellees for monetary damages. The United States District Court for the Southern District of New York (Buchwald, J.) ordered the matter to arbitration, dismissing the case without prejudice. The question before this Court is whether plaintiff may appeal the district court's order under the Federal Arbitration Act, 9 U.S.C. § 16. We hold that a dismissal without prejudice in favor of arbitration is an appealable final decision under the FAA. Motion to dismiss denied.