Psara Energy, Ltd. v. Advantage Arrow Shipping, LLC, No. 19-40071 (5th Cir. 2020)Annotate this Case
Psara Energy appealed the district court's order granting a motion to refer to arbitration this action alleging breach of contract, fraudulent transfer and corporate succession theories against the Advantage Defendants.
The Fifth Circuit dismissed the appeal based on lack of appellate jurisdiction because the district court's order, which administratively closed the case, is not a final, appealable order under the Federal Arbitration Act. In this case, the collateral order doctrine does not apply to orders concerning arbitration governed by the FAA, and 28 U.S.C. 1292(a)(3) is inapplicable to referrals to arbitration in admiralty cases that do not determine a party's substantive rights or liabilities.