S. Ct. Civ. No. 2015-0053

An appeal and cross-appeal are dismissed for lack of appellate jurisdiction. The Superior Court's order which affirmed an arbitrator's award concerning payments and interest owed in a dispute arising from operation of a wastewater facility, but vacated several other aspects of the arbitration award after concluding that the arbitrator exceeded his powers, also remanded the matter to the arbitrator for clarification of the terms of a five-year payment plan with respect to the monies owed. A prior order noting that the Superior Court's judgment appeared interlocutory-in that it ordered a remand to the arbitrator-directed the parties to brief the issue of this Court's appellate jurisdiction. Upon consideration thereof, the June 8, 2015 judgment is not final and appealable within the meaning of 4 V.I.C. § 32(a), and it has previously been held that the interlocutory appeal provisions of 9 U.S.C. § 16 do does not preempt 4 V.I.C. § 32(a) or otherwise apply to Virgin Islands courts. Nor does the "practical finality" doctrine warrant exercise of jurisdiction in this circumstance because the determination the Superior Court ordered on remand to the arbitrator-establishing the terms of the five-year payment plan provided for in the original arbitration award-cannot be characterized as "purely ministerial." Consequently this Court lacks jurisdiction to review the non-final order below, and the parties' appeal and cross-appeal are dismissed for lack of appellate jurisdiction. A pending stay motion is denied as moot.