In Enterprise Field Services, LLC v. TOC-Rocky Mountain, Inc., 405 S.W.3d 767 (Tex. App.--Houston 1st Dist. 2013, pet. denied), the Court held that a party's counterclaims regarding an ancillary agreement fell within an arbitration provision.
In one agreement, the parties agreed to arbitrate "disputes related to interpretation or performance." Id. at 773.
Although the counterclaims were based on a different agreement, they required interpretation of the agreement containing the arbitration clause. Id.
Because the two agreements were intertwined, we held that the trial court erred in concluding that the claims did not fall within the scope of the arbitration agreement. Id. at 774.