Beacon Towers Condominium Trust v. Alex

Gants, CJ.

Under G. L. c. 251, § 10, attorney’s fees may not be awarded in arbitration proceedings “[u]nless otherwise provided in the agreement to arbitrate.” The issue presented in this case is whether an arbitration panel applying the commercial arbitration rules of the American Arbitration Association (AAA rules), having found that the arbitration agreement did not authorize an award of attorney’s fees, nonetheless may award attorney’s fees based on its finding that “substantially all of the defenses were wholly insubstantial, frivolous and not advanced in good faith.” The appellant,…