Oregon law requires a party to appeal an order denying a motion to compel arbitration within 30 days of the order's entry at the trial court, according to the Oregon Court of Appeals.

In Snider v. Production Chemical Manufacturing, Inc., Nos. 050201434, A131621, 2008 WL 3411399 (Or. Ct. App. Aug. 13, 2008), Snider was employed by PCM. As part of the parties' employment contract, Snider and PCM entered into an arbitration agreement covering employment-related claims.

After PCM terminated Snider's employment, Snider filed suit for breach of the employment contract and alleged statutory violations. Three months later, PCM filed an answer and affirmative defenses, but did not raise the issue of arbitration. After another five months had passed and a week before trial, PCM moved to postpone the trial. A week after postponement was granted, PCM moved to compel arbitration of Snider's claims.

The trial court denied PCM's motion to compel, holding that it had waived the contractual right to arbitrate Snider's claims by actively engaging in litigation activity for eight months without raising the issue of arbitration. PCM did not appeal the order, and the matter proceeded to a jury trial. The jury found for Snider, and judgment was entered. PCM appealed, maintaining that the trial court had denied its motion to compel in error.

The Court framed the disputed issue as whether the order denying the motion to compel arbitration was an appealable order, and whether it was timely filed. The Court pointed to clear Oregon law that required a party to "appeal from an order denying a petition to compel arbitration… within 30 days after the order is entered in the trial court register." Or. Rev. Stat. § 36.730.

Because PCM failed to appeal the order denying the motion to compel arbitration within 30 days after the order's entry, the Court held that it was without jurisdiction to consider the merits of whether PCM had in fact waived the right to arbitrate Snider's claims.