Peter Kiewit Sons' Co. v. Port of Portland

Plaintiff filed this action in circuit court seeking an order to compel defendant to submit disputes that had arisen between them under a construction contract to arbitration pursuant to the terms of the contract. The circuit court so ordered. Defendant filed a notice of appeal. The matter is before us on plaintiff’s motion to dismiss the appeal on the ground that it is taken from a nonfinal order. We deny the motion.

The question of whether a dispute should be submitted to arbitration can arise in judicial proceeding^ in two different ways. First, as in this case, the plaintiff can desire…