Green Tree Financial Corp.-Alabama v. Randolph

In this case we first address whether an order compelling arbitration and dismissing a party’s underlying claims is a “final decision with respect to an arbitration” within the meaning of § 16(a)(3) of the Federal Arbitration Act, 9 U. S. C. § 16(a)(3), and thus is immediately appealable pursuant to that Act. Because we decide that question in the affirmative, we also address the question whether an arbitration agreement that does not mention arbitration costs and fees is unenforceable because it fails to affirmatively protect a party from potentially steep arbitration costs. We conclude that…