Peter Kiewit Sons' Co. v. Port of Portland

*64DENECKE, C. J.,

specially concurring.

I specially concur to state my reason for joining in the decision of the court that the order directing the parties to proceed to arbitrate is not an appealable order.

In my opinion the applicable statutes do not guide us in determining whether the order should be appealable.

The defense of the Port to the petition to compel arbitration was that the controversy was no longer subject to arbitration. If the Port is dissatisfied with the award of the arbitrator and the judgment entered according to the award, the Port may appeal. In the appeal, the Port may…