United States Supreme Court

“ 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 partiesfiles a motion to compel, even where the result would be the possibly inefficient maintenance of separate proceedings in different forums." ”

“ 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
page 4, slip opinion direct or derivative under Delaware law. ”

“ 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 and allegedly lost millions of dollars as a result of a scheme to defraud. ”