Kpmg LLP v. Cocchi, 565 U.S. 18 (2011). · Go Syfert
Kpmg LLP v. Cocchi, 565 U.S. 18 (2011). Cases Citing This Book View Copy Cite
337 citation events (337 in the last 25 years) across 77 distinct courts.
Strongest positive: Vaughn v. JP Morgan Chase & Co. (ca10, 2025-12-08)
Treatment trajectory · 2011 → 2026 · click a year to view as-of
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Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) Vaughn v. JP Morgan Chase & Co. (2×) also: Cited "see"
10th Cir. · 2025 · quote attribution · 1 verbatim quote · confidence high
ourts must examine a complaint with care to assess whether any individual claim must be arbitrated.
discussed Cited as authority (verbatim quote) Ding, Ph.D. v. Structure Therapeutics, Inc.
N.D. Cal. · 2024 · quote attribution · 1 verbatim quote · confidence high
f a dispute 13 presents multiple claims, some arbitrable and some not, the former must be sent to arbitration even 14 if this will lead to piecemeal litigation
discussed Cited as authority (verbatim quote) Schmitt v. Rausch, Sturm, Israel, Enerson & Hornik, LLP
D. Neb. · 2021 · signal: see also · quote attribution · 1 verbatim quote · confidence high
the has been interpreted to require that if a dispute presents multiple claims, some arbitrable and some not, the former must be sent to arbitration even if this will lead to piecemeal litigation.
discussed Cited as authority (verbatim quote) Thani A.T. Al Thani v. Hanke
S.D.N.Y. · 2021 · quote attribution · 1 verbatim quote · confidence high
the has been interpreted to require that if a dispute presents multiple claims, some arbitrable and some not, the former must be sent to arbitration even if this will lead to piecemeal litigation.
discussed Cited as authority (verbatim quote) Crooms v. Southwest Airlines Co.
N.D. Ill. · 2020 · quote attribution · 1 verbatim quote · confidence high
the act reflects an 'emphatic federal policy in favor of arbitral dispute resolution.
examined Cited as authority (verbatim quote) Hughes Socol Piers Resnick & Dym, Ltd. v. G3 Analytics, LLC (2×) also: Cited as authority (quoted)
N.D. Ill. · 2018 · signal: see also · quote attribution · 2 verbatim quotes · confidence high
the federal arbitration act reflects an 'emphatic federal policy in favor of arbitral dispute resolution.
examined Cited as authority (quoted) Hughes Socol Piers Resnick & Dym, Ltd. v. G3 Analytics, LLC (3×)
E.D. Ill. · 2018 · signal: see also · quote attribution · 3 verbatim quotes · confidence low
the federal arbitration act reflects an 'emphatic federal policy in favor of arbitral dispute resolution.
examined Cited as authority (quoted) Iraq Middle Market Development Foundation v. Harmoosh (2×)
D. Maryland · 2016 · signal: see · quote attribution · 2 verbatim quotes · confidence high
district courts shall direct the parties to proceed to arbitration on issues as to which an arbitration agreement has been signed.
examined Cited as authority (quoted) Considine v. Brookdale Senior Living, Inc. (2×)
D. Conn. · 2015 · quote attribution · 2 verbatim quotes · confidence low
the federal arbitration act reflects an 'emphatic federal policy in favor of arbitral dispute resolution ... ' 'require courts to enforce the bargain of the parties to arbitrate.
examined Cited as authority (quoted) Allstate Insurance v. Elzanaty (2×)
E.D.N.Y · 2013 · signal: see also · quote attribution · 2 verbatim quotes · confidence low
the has been interpreted to require that if a dispute presents multiple claims, some arbitrable and some not, the former must be sent to arbitration even if this will lead to piecemeal litigation.
discussed Cited as authority (rule) Adam Wood, on behalf of himself and all others similarly situated v. Niswi, LLC d/b/a LendUMo
W.D. Ky. · 2026 · confidence medium
DISCUSSION “Congress has established an ‘emphatic federal policy in favor of arbitral dispute resolution.’” Atkins v. CGI Techs. & Sols., Inc., 724 F. App’x 383 , 389 (6th Cir. 2018) (quoting KPMG LLP v. Cocchi, 565 U.S. 18, 21 (2011)).
discussed Cited as authority (rule) Kelly Brookbank v. Heights Finance Corporation
E.D. Ky. · 2026 · confidence medium
Through the FAA, Congress has established an “‘emphatic federal policy in favor of arbitral dispute resolution.’” Atkins v. CGI Techs. & Sols., Inc., 724 F. App’x 383 , 389 (6th Cir. 2018) (quoting KPMG LLP v. Cocchi, 565 U.S. 18, 21 (2011)).
discussed Cited as authority (rule) Marina Drus v. Microsoft Corporation
E.D. Ky. · 2026 · confidence medium
“In the Federal Arbitration Act, 9 U.S.C. § 1 , et seq., Congress has established an ‘emphatic federal policy in favor of arbitral dispute resolution.’” Atkins v. CGI Techs. & Sols., Inc., 724 F. App’x 383 , 389 (6th Cir. 2018) (quoting KPMG LLP v. Cocchi, 565 U.S. 18, 21 (2011)).
cited Cited as authority (rule) Randi Bruce v. Adams & Reese, LLP
6th Cir. · 2026 · confidence medium
KPMG LLP v. Cocchi, 565 U.S. 18, 22 (2011) (per curiam) (quoting Dean Witter Reynolds, 470 U.S. at 217 ).
discussed Cited as authority (rule) Megan McDermott v. Guaranteed Rate, Inc. (2×)
N.J. Super. Ct. App. Div. · 2025 · confidence medium
With regard to the remaining claims in the complaint, the court, however, determined a conflict existed between the EFAA and the Federal Arbitration Act (FAA), 9 U.S.C. §§ 1-16 , and explained "the imperative is to harmonize the FAA and EFAA in order to give effect to both." To do so, the court followed the Magistrate Judge's opinion in Mera v. SA Hospitality Group, 675 F. Supp. 3d 442 , 447 (S.D.N.Y. 2023), and found "the EFAA does not intend to exclude from arbitration claims that are unrelated to a claim of sexual harassment and are otherwise arbitrable." The court concluded the EFAA's le…
discussed Cited as authority (rule) Nemo Digital Holdings Corp. v. XYZ Financial Markets LLC et al.
D.N.J. · 2025 · confidence medium
Given this Court’s prior opinion ordering the parties to arbitrate, D.Es. 19 & 20, and how strongly the FAA “reflects an emphatic federal policy in favor” of enforcing arbitration agreements, KPMG LLC v. Cocchi, 565 U.S. 18, 21 (2011) (per curiam), this Court is skeptical that any arbitrator would have warmly welcomed Nemo’s repeated attempts to escape arbitration.
discussed Cited as authority (rule) Megan McDermott v. Guaranteed Rate, Inc. (2×)
N.J. Super. Ct. App. Div. · 2025 · confidence medium
With regard to the remaining claims in the complaint, the court, however, determined a conflict existed between the EFAA and the Federal Arbitration Act (FAA), 9 U.S.C. §§ 1-16 , and explained "the imperative is to harmonize the FAA and EFAA in order to give effect to both." To do so, the court followed the Magistrate Judge's opinion in Mera v. SA Hospitality Group, 675 F. Supp. 3d 442 , 447 (S.D.N.Y. 2023), and found "the EFAA does not intend to exclude from arbitration claims that are unrelated to a claim of sexual harassment and are otherwise arbitrable." The court concluded the EFAA's le…
discussed Cited as authority (rule) Seguin v. Royal Highness, LLC (2×)
E.D. Mich. · 2025 · confidence medium
Generally, the FAA “reflects an emphatic federal policy in favor of arbitral dispute resolution.” KPMG LLP v. Cocchi, 565 U.S. 18, 21 (2011) (citation omitted).
cited Cited as authority (rule) M.D. v. Verizon Communications, Inc.
E.D.N.C. · 2025 · confidence medium
KPMG LLP v. Cocchi, 565 U.S. 18, 19 (2011).
discussed Cited as authority (rule) Herman v. Katten Muchin Rosenman LLP
S.D.N.Y. · 2025 · confidence medium
The FAA reflects an “emphatic federal policy in favor of arbitral dispute resolution.” KPMG LLP v. Cocchi, 565 U.S. 18, 21 , 132 S. Ct. 23, 25 (2011) (per curiam) (internal quotation marks and citation omitted).
discussed Cited as authority (rule) John A. Mansour v. Morgan Stanley
E.D. Tex. · 2025 · confidence medium
Indeed, “courts must examine a complaint with care to assess whether any individual claim must be arbitrated,” and “[t]he failure to do so is subject to immediate review.” KPMG LLP v. Cocchi, 565 U.S. 18, 22 (2011).
discussed Cited as authority (rule) Case transferred to the Southern District of New YorkJohn A. Mansour v. Morgan Stanley
E.D. Tex. · 2025 · confidence medium
Indeed, “courts must examine a complaint with care to assess whether any individual claim must be arbitrated,” and “[t]he failure to do so is subject to immediate review.” KPMG LLP v. Cocchi, 565 U.S. 18, 22 (2011).
cited Cited as authority (rule) Harb v. Mario Gibson LLC
E.D. Mich. · 2025 · confidence medium
Generally, the FAA “reflects an emphatic federal policy in favor of arbitral dispute resolution.” KPMG LLP v. Cocchi, 565 U.S. 18, 21 (2011) (citation omitted).
discussed Cited as authority (rule) Janice L. Ruiz v. Butts Foods, L.P.
Tenn. Ct. App. · 2025 · confidence medium
The use of a direct amendment “reinforces Congress’s intent to override—in the sexual harassment context—the FAA’s background principle that, in cases involving both arbitrable and non-arbitrable claims, ‘the former must be sent to arbitration even if this will lead to piecemeal litigation.’” Id. at 560 (quoting KPMG LLP v. Cocchi, 565 U.S. 18, 19 (2011)).
discussed Cited as authority (rule) Hall v. State Employees Credit Union of Maryland
D. Maryland · 2025 · confidence medium
The FAA “reflects an ‘emphatic federal policy in favor of arbitral dispute resolution.’” KPMG LLP v. Cocchi, 565 U.S. 18, 21 (2011) (per curiam) (quoting Mitsubishi Motors Corp. v. Soler Chrysler-Plymouth Inc., 473 U.S. 614, 631 (1985)); see also Moses H.
discussed Cited as authority (rule) Davitashvili v. Grubhub
2d Cir. · 2025 · confidence medium
In other words, if Plaintiffs’ use of Grubhub is sufficient to form the crux of Plaintiffs’ antitrust theory, it stands to reason that Plaintiffs’ claims “aris[e] out of” their use of Grubhub within the meaning of the FAA. 9 U.S.C. § 2 . 3 Because the FAA applies to this dispute, so does its “emphatic federal policy in favor of arbitral dispute resolution.” KPMG LLP v. Cocchi, 565 U.S. 18, 21 (2011) (internal quotation marks omitted).
discussed Cited as authority (rule) Bruce v. Adams and Reese, LLP
M.D. Tenn. · 2025 · confidence medium
Ohio Aug. 19, 2024) (recognizing that, “[t]raditionally, in the context of the FAA, ‘if a dispute presents multiple claims, some arbitrable and some not, the former must be sent to arbitration even if this will lead to piecemeal litigation’” (quoting KPMG LLP v. Cocchi, 565 U.S. 18, 19 (2011), but holding that “the EFAA did away with this presumption by directly amending the FAA” and that the unambiguous language of the EFAA renders a pre-dispute arbitration agreement invalid and unenforceable “with respect to a case . . . relat[ing] to the . . . sexual harassment dispute” and …
discussed Cited as authority (rule) LeDoux v. Outliers Inc
W.D. Wash. · 2025 · confidence medium
While there is an “emphatic federal policy in favor of 20 arbitral dispute resolution,” KPMG v. Cocchi, 565 U.S. 18, 21 (2011), the Court must make the 21 threshold determination that a valid contract was formed before ordering arbitration, see Simula, 22 Inc. v. Autoliv, Inc., 175 F.3d 716, 719 (9th Cir. 1999); Lowden v. T-Mobile USA, Inc., 512 F.3d 23 1213, 1217 (9th Cir. 2008).
discussed Cited as authority (rule) Keene v. Comcast Cable Communications Management, LLC
D. Maryland · 2025 · confidence medium
The FAA “reflects an ‘emphatic federal policy in favor of arbitral dispute resolution.’” KPMG LLP v. Cocchi, 565 U.S. 18, 21 (2011) (per curiam) (quoting Mitsubishi Motors Corp. v. Soler Chrysler-Plymouth Inc., 473 U.S. 614, 631 (1985)); see also Moses H.
discussed Cited as authority (rule) Mills v. ALA Management Services Incorporated
D. Ariz. · 2024 · confidence medium
However, as alleged, all of the purportedly discriminatory acts 23 culminated into Mills’ resignation that form the factual basis for the claim. “[W]hen a 24 complaint contains both arbitrable and nonarbitrable claims, the [FAA] requires courts to 25 ‘compel arbitration of pendent arbitrable claims when one of the parties files a motion to 26 compel, even where the result would be the possibly inefficient maintenance of separate 27 proceedings in different forums.’” KPMG LLP v. Cocchi, 565 U.S. 18, 22 (2011) (quoting 28 Dean Witter Reynolds, Inc. v. Byrd, 470 U.S. 213, 214 (1985)).
discussed Cited as authority (rule) Duke v. Luxottica U.S. Holdings Corp.
E.D.N.Y · 2024 · confidence medium
The Supreme Court has made clear that “[i]f a dispute presents multiple claims, some arbitrable and some not, the former must be sent to arbitration even if this will lead to piecemeal litigation.” KPMG LLP v. Cocchi, 565 U.S. 18, 19 (2011).
discussed Cited as authority (rule) Davis v. BMW Financial Services NA, LLC
D. Maryland · 2024 · confidence medium
The FAA “reflects an ‘emphatic federal policy in favor of arbitral dispute resolution.’” KPMG LLP v. Cocchi, 565 U.S. 18, 21 (2011) (per curiam) (quoting Mitsubishi Motors Corp. v. Soler Chrysler-Plymouth Inc., 473 U.S. 614, 631 (1985)); see also Moses H.
discussed Cited as authority (rule) WIGGINS v. LABORATORY CORPORATION OF AMERICA HOLDINGS
E.D. Pa. · 2024 · confidence medium
The FAA “reflects an ‘emphatic federal policy in favor of arbitral dispute resolution.’” KPMG LLP v. Cocchi, 565 U.S. 18, 21 (2011) (per curiam) (quoting Mitsubishi Motors Corp. v. Soler Chrysler-Plymouth, Inc., 473 U.S. 614, 631 (1985)); accord Moses H.
discussed Cited as authority (rule) Liu v. Miniso Depot CA, Inc.
Cal. Ct. App. · 2024 · confidence medium
In Mera v. SA Hospitality Group, Inc. (S.D.N.Y. 2023) 675 F.Supp.3d 442 , the court ruled that under the EFAA the parties’ arbitration agreement was unenforceable with respect to the plaintiff’s hostile work environment claims, but not with respect to the plaintiff’s wage and hour claims, which were “unrelated” to the hostile work environment claims and “[we]re pled as to a broad group of individuals in addition to [the p]laintiff.” (Id. at p. 447.) The court held, “under the EFAA, an arbitration agreement executed by an individual alleging conduct constituting a sexual harassm…
discussed Cited as authority (rule) KLOSTERMAN v. EXPERIAN INFORMATION SOLUTIONS, INC.
E.D. Pa. · 2024 · confidence medium
The FAA “reflects an ‘emphatic federal policy in favor of arbitral dispute resolution.’” KPMG LLP v. Cocchi, 565 U.S. 18, 21 (2011) (per curiam) (quoting Mitsubishi Motors Corp. v. Soler Chrysler-Plymouth, Inc., 473 U.S. 614, 631 (1985)); accord Moses H.
discussed Cited as authority (rule) Franks v. The Nielsen Company
W.D. Wash. · 2024 · confidence medium
While there is an “emphatic federal policy in favor of 9 arbitral dispute resolution,” KPMG v. Cocchi, 565 U.S. 18, 21 (2011), the Court must make the 10 threshold determination that a valid contract was formed before ordering arbitration, see Simula, 11 Inc. v. Autoliv, Inc., 175 F.3d 716, 719 (9th Cir. 1999); Lowden v. T-Mobile USA, Inc., 512 F.3d 12 1213, 1217 (9th Cir. 2008). 13 C.
discussed Cited as authority (rule) Scoggins v. Menard, Inc.
S.D. Ohio · 2024 · confidence medium
Traditionally, in the context of the FAA, “if a dispute presents multiple claims, some arbitrable and some not, the former must be sent to arbitration even if this will lead to piecemeal litigation.” KPMG LLP v. Cocchi, 565 U.S. 18, 19 (2011).
discussed Cited as authority (rule) Valley National Bank v. Encore Led Lighting, LLC
N.J. Super. Ct. App. Div. · 2024 · confidence medium
If that legal action "presents multiple claims, some arbitrable and some not," the United States Supreme Court has held that "the former must be sent to arbitration even if this will lead to piecemeal litigation." KPMG LLP v. Cocchi, 565 U.S. 18, 19 (2011).
cited Cited as authority (rule) Barahona v. T-Mobile USA Inc
W.D. Wash. · 2024 · confidence medium
The law reflects an “emphatic federal policy in favor of arbitral dispute 4 resolution.” KPMG LLP v. Cocchi, 565 U.S. 18, 21 (2011).
discussed Cited as authority (rule) Lower, LLC v. AmCap Mortgage, Ltd.
E.D. Tex. · 2024 · confidence medium
Indeed, “courts must examine a complaint with care to assess whether any individual claim must be arbitrated,” and “[t]he failure to do so is subject to immediate review.” KPMG LLP v. Cocchi, 565 U.S. 18, 22 (2011).
discussed Cited as authority (rule) Shinneman v. Cerner Corporation
W.D. Mo. · 2024 · confidence medium
“When a complaint contains both arbitrable and nonarbitrable claims, the [Federal Arbitration Act] requires courts to ‘compel arbitration of pendent arbitrable claims when one of the parties files a motion to compel, even where the result would be the possibly inefficient maintenance of separate proceedings in different forums.’” KPMG LLP v. Cocchi, 565 U.S. 18, 22 (2011) (cleaned up).
discussed Cited as authority (rule) JUBILANT GENERICS LIMITED v. DECHRA VETERINARY PRODUCTS LLC
D. Me. · 2024 · confidence medium
Corp., 460 U.S. 1, 20 (1983). “[W]hen a complaint contains both arbitrable and nonarbitrable claims, the Act requires courts to ‘compel arbitration of pendent arbitrable claims when one of the parties files a motion to compel, even where the result would be the possibly inefficient maintenance of separate proceedings in different forums.’” KPMG LLP v. Cocchi, 565 U.S. 18, 22 (2011) (quoting Dean Witter Reynolds, Inc. v. Byrd, 470 U.S. 213, 217 (1985)).
cited Cited as authority (rule) Thomerson v. Covercraft Industries, LLC
D.S.C. · 2024 · confidence medium
KPMG LLP v. Cocchi, 565 U.S. 18, 26 (2011) (per curiam).
discussed Cited as authority (rule) Erhart v. Trinet HR Xi Inc
W.D. Wash. · 2024 · confidence medium
While there is an “emphatic federal policy in favor of 20 arbitral dispute resolution,” KPMG v. Cocchi, 565 U.S. 18, 21 (2011), the Court must make the 21 threshold determination that a valid contract was formed before ordering arbitration, see Simula, 22 Inc. v. Autoliv, Inc., 175 F.3d 716, 719 (9th Cir. 1999); Lowden v. T-Mobile USA, Inc., 512 F.3d 23 1213, 1217 (9th Cir. 2008).
discussed Cited as authority (rule) KIRKHAM v. TAXACT, INC.
E.D. Pa. · 2024 · confidence medium
The FAA “reflects an ‘emphatic federal policy in favor of arbitral dispute resolution.’” KPMG LLP v. Cocchi, 565 U.S. 18, 21 (2011) (per curiam) (quoting Mitsubishi Motors Corp. v. Soler Chrysler-Plymouth, Inc., 473 U.S. 614, 631 (1985)); accord Moses H.
discussed Cited as authority (rule) O'Sullivan v. Jacaranda Club, LLC
N.Y. App. Div. · 2024 · confidence medium
Even assuming plaintiff Ciaramella [FN1] — who worked at one of the clubs on and off approximately from March 29, 2013, to September 22, 2022 — had some nonarbitrable claims arising on or after March 3, 2022, the EFAA does not permit Krauel and O'Sullivan to avoid arbitration of their claims simply by adding Ciaramella's EFAA-protected claims to a single complaint ( see KPMG LLP v Cocchi , 565 US 18, 19 [2011]).
discussed Cited as authority (rule) O'Sullivan v. Jacaranda Club, LLC
N.Y. App. Div. · 2024 · confidence medium
Even assuming plaintiff Ciaramella [FN1] — who worked at one of the clubs on and off approximately from March 29, 2013, to September 22, 2022 — had some nonarbitrable claims arising on or after March 3, 2022, the EFAA does not permit Krauel and O'Sullivan to avoid arbitration of their claims simply by adding Ciaramella's EFAA-protected claims to a single complaint ( see KPMG LLP v Cocchi , 565 US 18, 19 [2011]).
discussed Cited as authority (rule) Viani v. Nationwide Mutual Ins. Co.
E.D. Cal. · 2024 · confidence medium
This is so even “if a dispute presents multiple claims, some arbitrable and some not,” 13 and “even if this will lead to piecemeal litigation.” KPMG LLP v. Cocchi, 565 U.S. 18, 19 (2011) 14 (per curiam) (citing Dean Witter, 470 U.S. at 218 ). 15 The Federal Arbitration Act does not define “arbitration.” If there is uncertainty about 16 whether a particular process counts as an “arbitration” for purposes of the Federal Arbitration 17 Act, the court refers to the relevant state’s law.
discussed Cited as authority (rule) Mayes v. International Markets Live
W.D. Wash. · 2023 · confidence medium
The Supreme Court has affirmed that “even if it 7 leads to piecemeal litigation . . . . federal courts must examine with care the complaints seeking 8 to invoke their jurisdiction in order to separate arbitrable from nonarbitrable claims.” KPMG 9 LLP v. Cocchi, 565 U.S. 18, 19 (2011) (citing Dean Witter Reynolds Inc. v. Byrd, 470 U.S. 213 , 10 217 (1985) (“the [Federal] Arbitration Act requires district courts to compel arbitration of 11 pendent arbitrable claims when one of the parties files a motion to compel, even where the result 12 would be the possibly inefficient maintenance of se…
discussed Cited as authority (rule) Mera v. SA Hospitality Group, LLC (2×) also: Cited "see"
S.D.N.Y. · 2023 · confidence medium
“Where a party to an arbitration agreement refuses to comply with that agreement, and instead attempts to proceed in litigation, the other party may move to stay the litigation and compel arbitration.” McCants, 2021 WL 653122 , at *3 (citing FAA §§ 3, 4). “[W]hen a complaint contains both arbitrable and nonarbitrable claims, the [FAA] requires courts to ‘compel arbitration of pendent arbitrable claims when one of the parties files a motion to compel, even where the result would be the possibly inefficient maintenance of separate proceedings in different forums.’” KPMG LLP v. Cocc…
Retrieving the full opinion text from the archive…
KPMG LLP
v.
COCCHI Et Al.
10-1521.
Supreme Court of the United States.
Nov 7, 2011.
565 U.S. 18
[*19] Per Curiam.

Agreements to arbitrate that fall within the scope and coverage of the Federal Arbitration Act (Act), 9 U. S. C. § 1 et seq., must be enforced in state and federal courts. State courts, then, “have a prominent role to play as enforcers of agreements to arbitrate.” Vaden v. Discover Bank, 556 U. S. 49, 59 (2009).

The Act has been interpreted to require that if a dispute presents multiple claims, some arbitrable and some not, the former must be sent to arbitration even if this will lead to piecemeal litigation. See Dean Witter Reynolds Inc. v. Byrd, 470 U. S. 213, 217 (1985). From this it follows 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. See ibid.

In this case the Fourth District Court of Appeal of the State of Florida upheld a trial court’s refusal to compel arbi­tration of respondents’ claims after determining that two of the four claims in a complaint were nonarbitrable. Though the matter is not altogether free from doubt, a fair reading of the opinion indicates a likelihood that the Court of Appeal failed to determine whether the other two claims in the com­plaint were arbitrable. For this reason, the judgment of the Court of Appeal is vacated, and the case is remanded for further proceedings.

Respondents are 19 individuals and entities who bought limited partnership interests in one of three limited partner­ships, all known as the Rye Funds. The Rye Funds were managed by Tremont Group Holding, Inc., and Tremont Partners, Inc., both of which were audited by KPMG. The Rye Funds were invested with financier Bernard Madoff[*20] and allegedly lost millions of dollars as a result of a scheme to defraud. Respondents sued the Rye Funds, the Tremont defendants, and Tremont’s auditing firm, KPMG.

Only the claims against KPMG are at issue in this case. Against KPMG, respondents alleged four causes of action: negligent misrepresentation; violation of the Florida Decep­tive and Unfair Trade Practices Act (FDUTPA), Fla. Stat. §501.201 et seq. (2010); professional malpractice; and aiding and abetting a breach of fiduciary duty. Respondents’ basic theory was that KPMG failed to use proper auditing stand­ards with respect to the financial statements of the partner­ships. These improper audits, respondents contend, led to “substantial misrepresentations” about the health of the funds and resulted in respondents’ investment losses. 51 So. 3d 1165, 1168 (Fla. App. 2010).

KPMG moved to compel arbitration based on the audit services agreement that existed between it and the Tremont defendants. That agreement provided that “[a]ny dispute or claim arising out of or relating to . . . the services provided [by KPMG]... (including any dispute or claim involving any person or entity for whose benefit the services in question are or were provided) shall be resolved” either by mediation or arbitration. App. to Pet. for Cert. 63a. The Florida Cir­cuit Court of the Fifteenth Judicial Circuit Palm Beach County denied the motion.

The Court of Appeal affirmed, noting that “[n]one of the -plaintiffs . . . expressly assented in any fashion to [the audit services agreement] or the arbitration provision.” 51 So. 3d, at 1168. Thus, the court found, the arbitration clause could only be enforced if respondents’ claims were derivative in that they arose from the services KPMG performed for the Tremont defendants pursuant to the audit services agree­ment. Applying' Delaware law, which both parties agreed was applicable, the Court of Appeal concluded that the negli­gent misrepresentation and the violation of FDUTPA claims were direct rather than derivative. A fair reading of the[*21] opinion reveals nothing to suggest that the court came to the same conclusion about the professional malpractice and breach of fiduciary duty claims. Indeed, the court said noth­ing about those claims at all. Finding “the arbitral agree­ment upon which KPMG relied would not apply to the direct claims made by the individual plaintiffs,” id., at 1167, the Court of Appeal affirmed the trial court’s denial of the mo­tion to arbitrate.

Respondents have since amended their complaint to add a fifth claim. Citing the Court of Appeal’s decision, the trial court again denied KPMG’s motion to compel arbitration.

The Act reflects an “emphatic federal policy in favor of arbitral dispute resolution.” Mitsubishi Motors Corp. v. Soler Chrysler-Plymouth, Inc., 473 U. S. 614, 631 (1985); Moses H. Cone Memorial Hospital v. Mercury Constr. Corp., 460 U. S. 1, 24-25 (1983) (noting that “questions of arbitrabil­ity [must] ... be addressed with a healthy regard for the federal policy favoring arbitration”). This policy, as con­tained within the Act, “requires courts to enforce the bargain of the parties to arbitrate,” Dean Witter, supra, at 217, and “cannot possibly require the disregard of state law permit­ting arbitration by or against nonparties to the written arbi­tration agreement,” Arthur Andersen LLP v. Carlisle, 556 U. S. 624, 630, n. 5 (2009) (emphasis deleted). Both parties agree that whether the claims in the complaint are arbitrable turns on the question whether they must be deemed direct or derivative under Delaware law. That question of state law is not at issue here. What is at issue is the Court of Appeal’s apparent refusal to compel arbitration on any of the four claims based solely on a finding that two of them, the claim of negligent misrepresentation and the alleged viola­tion of the FDUTPA, were nonarbitrable.

In Dean Witter, the Court noted that the Act “provides that written agreements to arbitrate controversies arising out of an existing contract ‘shall be valid, irrevocable, and enforceable, save upon such grounds as exist at law or in[*22] equity for the revocation of any contract.’ ” 470 U. S., at 218 (quoting 9 U. S. C. §2). The Court found that by its terras, “the Act leaves no place for the exercise of discretion by a district court, but instead mandates that district courts shall direct the parties to proceed to arbitration on issues as to which an arbitration agreement has been signed.” 470 U. S., at 218 (emphasis in original). Thus, when a complaint con­tains both arbitrable and nonarbitrable claims, the Act re­quires courts to “compel arbitration of pendent arbitrable claims when one of the parties files a motion to compel, even where the result would be the possibly inefficient mainte­nance of separate proceedings in different forums.” Id., at 217. To implement this holding, courts must examine a com­plaint with care to assess whether any individual claim must be arbitrated. The failure to do so is subject to immediate review. See Southland Corp. v. Keating, 465 U. S. 1, 6-7 (1984).

The Court of Appeal listed all four claims, found that two were direct, and then refused to compel arbitration on the complaint as a whole because the arbitral agreement “would not apply to the direct claims.” 51 So. 3d, at 1167. By not addressing the other two claims in the complaint, the Court of Appeal failed to give effect to the plain meaning of the Act and to the holding of Dean Witter. The petition for cer-­tiorari is granted. The judgment of the Court of Appeal is vacated, and the case is remanded. On remand, the Court of Appeal should examine the remaining two claims to deter­mine whether either requires arbitration.

It is so ordered.