KPMG LLP v. Cocchi (2011)
- Docket
- 10-1521
- Decided
- 2011-01-01
Summary
Question: Does a court have a duty under the Federal Arbitration Act (FAA) to compel arbitration of a complaint where some claims are not arbitrable? Conclusion: Yes. In a Per Curiam opinion, the Supreme Court held that where some claims are not arbitrable, a court must compel arbitration for those claims that are, even if this leads to separate proceedings in different forums. The Court of Appeals failed apply the FAA when they did not evaluate Respondents remaining potentially arbitrable claims. The judgment of the Court of Appeals was vacated and the case remanded for further proceedings to determine whether the remaining claims were arbitrable.