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County of Hawaii, A Municipal Corporation of the State of Hawaii v. Unidev

October 17, 2011

COUNTY OF HAWAII, A MUNICIPAL CORPORATION OF THE STATE OF HAWAII, PLAINTIFF-APPELLANT,
v.
UNIDEV, LLC, A DELAWARE LIMITED LIABILITY COMPANY; UNIDEV HAWAII, LLC, A DELAWARE LIMITED LIABILITY COMPANY ET AL., DEFENDANTS-APPELLEES AND UNIDEV, LLC, A DELAWARE LIMITED LIABILITY COMPANY, COUNTERCLAIM-APPELLEE,
v.
COUNTY OF HAWAII, A MUNICIPAL CORPORATION OF THE STATE OF HAWAII; HAWAII ISLAND HOUSING TRUST, A HAWAII CORPORATION; ET AL., COUNTERCLAIM-DEFENDANTS COUNTY OF HAWAII, A MUNICIPAL CORPORATION OF THE STATE OF HAWAII, PLAINTIFF-APPELLANT,
v.
UNIDEV, LLC, A DELAWARE LIMITED LIABILITY COMPANY; U NIDEV HAWAII, LLC, A DELAWARE LIMITED LIABILITY COMPANY ET AL., DEFENDANTS-APPELLEES



APPEAL FROM THE CIRCUIT COURT OF THE THIRD CIRCUIT

NOT FOR PUBLICATION IN WEST'S HAWAII REPORTS AND PACIFIC REPORTER

NOT FOR PUBLICATION IN WEST'S HAWAII REPORTS AND PACIFIC REPORTER

ORDER DENYING SEPTEMBER 19, 2011 MOTION TO DISMISS APPEAL FOR LACK OF JURISDICTION

(By: Foley, Presiding Judge, Fujise and Reifurth, JJ.)

Upon review of (1) Defendant/Counterclaim-Plaintiff/ Appellee UniDev, LCC's (Appellee UniDev), September 19, 2011 motion to dismiss Plaintiff/Counterclaim-Defendant/Appellant County of Hawaii's (Appellant County of Hawaii) appeal in appellate court case number CAAP-11-000019 for lack of jurisdiction, (2) Appellant County of Hawaii's October 3, 2011 memorandum in opposition to Appellee UniDev's September 19, 2011 motion to dismiss for lack of jurisdiction, (3) Appellee UniDev's October 10, 2011 reply memorandum in support of Appellee UniDev's September 19, 2011 motion to dismiss for lack of jurisdiction, and (4) the record, it appears that, pursuant to Hawaii Revised Statutes (HRS) § 641-1(a) (1993 & Supp. 2010) and the collateral order doctrine, we have jurisdiction over Appellant County of Hawaii's appeal from the Honorable Elizabeth A. Strance's December 17, 2010 "Order Granting Counterclaimant UniDev, LLC's[,] Motion to Compel Alternative Dispute Resolution and to Stay Proceedings" (the December 17, 2010 order compelling alternative dispute resolution) and January 3, 2011 "Amended Order Granting Counterclaimant UniDev, LLC's[,] Motion to Compel Alternative Dispute Resolution and to Stay Proceedings (the January 3, 2011 amended order compelling alternative dispute resolution).

Appellee UniDev argues that this case involves contracts that involve interstate commerce, and the Federal Arbitration Act, i.e., 9 U.S.C. § 1 et seq. (FAA), governs arbitration agreements that involve interstate commerce. Southland Corp. v. Keating, 465 U.S. 1, 12-13 (1984). "The overarching purpose of the FAA . . . is to ensure the enforcement of arbitration agreements according to their terms so as to facilitate streamlined proceedings." AT&T Mobility LLC v. Concepcion, 131 S.Ct. 1740, 1748 (2011). Furthermore, 9 U.S.C. § 16 (2006) of the FAA contains provisions that prohibit an appeal from an interlocutory order that directs or compels arbitration to proceed:

§ 16. Appeals

(a) An appeal may be taken from --

(1) an order --

(A) refusing a stay of any action under section 3 of this title,

(B) denying a petition under section 4 of this title to order arbitration to proceed,

(C) denying an application under section 206 of this title to compel arbitration,

(D) confirming or denying confirmation of an award or partial award, or

(E) modifying, correcting, or ...


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