O.P.C. Farms, Inc. (O.P.C.), a California corporation, appeals the decision of the district court appointing a third arbitrator in O.P.C.’s suit against Conopeo, Inc. (Conopeo), a New York corporation. Lacking jurisdiction, we dismiss the appeal.

PROCEEDINGS

O.P.C. is a grower of tomatoes in San Joaquin Valley, California. Conopeo is a tomato processor buying tomatoes from O.P.C. In 1994 O.P.C. sued Conopeo in the Superior Court of Fresno County California for deceit, breach of contract and breach of the covenant of good faith and fair dealing. On grounds of diversity Conopeo removed the case to the federal district court for the Eastern District of California.

Pursuant to the parties’ stipulation, the district court stayed court proceedings pending arbitration in accordance with an arbitration clause in the contract at issue.

One portion of the clause provided:

Each party selected an arbitrator but they were unable to agree upon the third. Pursuant to 9 U.S.C. § 5 , Conopeo asked the court to appoint the third. The court made the appointment over O.P.C.’s objection.

O.P.C. appeals.

ANALYSIS

Effective November 19, 1988 federal law provides for appeals from orders affecting arbitration as follows:

9 U.S.C. § 16 .

It is apparent that the only basis for an appeal in this case that could even be plausibly argued is § 16(a)(3). It is, however, dear that the appointment of the third arbitrator is not the final decision in this case. There will be a decision by the arbitrators and then a final judgment by the district court. Consequently § 16 effectively deprives us of jurisdiction. The technical description of the district court’s order appointing the arbitrator is that the order is “embedded” in the case. McCarthy v. Providential Corp., 122 F.3d 1242, 1244 (9th Cir.1997). The nonappealability of such an order reflects the studied determination of Congress to promote arbitration and to keep judicial involvement to the barest minimum. See David D. Siegel, Practice Commentary, 9 U.S.C.A. § 16 , at 376 (West Supp.1998).

DISMISSED.