Supreme Court Rules that State and Federal Courts Must Enforce Arbitration Agreements Even When Nonarbitrable Claims are Present in Complaint

On November 7, the Supreme Court ruled, in a per curiam opinion entitled KPMG LLP v. Cocchi, http://www.supremecourt.gov/opinions/11pdf/10-1521.pdf, that a state court must order arbitrable disputes to arbitration even if the plaintiff’s complaint contains both arbitrable and inarbitrable claims. Affirming the strong federal policy in favor of arbitration, the Court stated that, “state and federal courts must examine with care the complaints seeking to invoke their jurisdiction in order to separate arbitrable from nonarbitrable claims. A court may not issue a blanket refusal to compel arbitration merely on the grounds that some of the claims could be resolved by the court without arbitration.”

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