Dahiya v. Talmidge International, Ltd.

I > agree with the majority that if the district court’s remand determination was based on a lack of removal jurisdiction, 28 U.S.C. § 1447(d) likely precludes, us from *212reviewing the remand order itself.1 However, I respectfully disagree with the majority's dismissal for lack of jurisdiction and would conclude that we have appellate jurisdiction over the order denying arbitration and that the district court erred in refusing to order arbitration under the Convention Treaty (the “Convention”), 9 U.S.C. § 201 et seq.

I. This Court can review the district court’s denial of the motion to compel…