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ARBITRATION-STOCK BROKERS

Carvell v. Edward D. Jones & Co., L.P., 2023 Pa. Super. LEXIS 178 (May 5, 2023) (Bender, P.J.E.). After reviewing arbitration agreement, the court said that it was satisfied with the first prong of the test for determining whether arbitration should have been compelled has been met. The question was whether the estate’s crossclaims were within the scope of the arbitration agreement. The court looked at the law on that and found that it does not encompass the issues in the present case, which involved the question of whether Mr. Carvell should have received the proceeds of the Edward Jones accounts that had been held by Mr. Matter prior to his death. A dispute does not arise out of or relate to the accounts themselves. Rather, it relates to the relationship between Mr. Carvell and Mr. Matter and whether Mr. Matter intended to provide for Mr. Carvell after he died. For these reasons, the court found that the claims brought by Mr. Carvell and the crossclaims brought by the estate against appellants fall outside of the scope of the arbitration provision. Accordingly, we reverse that portion of the trial court’s order denying appellant’s preliminary objections in the nature of a petition to compel arbitration of the estate’s crossclaims and direct the trial court to compel arbitration of such claims. Here, the estate’s crossclaims are premised upon appellant’s alleged breach of duty and claims appellants owed the estate. These alleged duties stem from the account agreement signed by the parties, and from Edward Jones’ role as holder of the account for Mr. Matter and the estate. We fail to see how these claims regarding the breach of duties arising from the account agreements themselves, the mishandling of confidential information pertaining to the accounts, and/or the failure to disclose pertinent information regarding a potential beneficiary to the accounts can be found as falling outside the scope of the arbitration agreement. The estate’s argument is rejected as crossclaims fell outside the scope of the arbitration agreement.