Feeney v. Dell Computer Corp.

Fremont-Smith, Thayer, J.

In this case, the Su-

preme Judicial Court has reversed this Court’s confirmation of an arbitrator’s award (which found in favor of the defendants) on the ground that the arbitration agreement itself was void because it violated public policy so that arbitration should not have been compelled in the first place.1 The Supreme Judicial Court ruled that the arbitration clause in Dell’s standard terms and conditions document “is contrary to the fundamental public policy of the Commonwealth favoring consumer class actions under G.L.c. 93A.” Feeney v. Dell, Inc., 454 Mass.…