Appeals court hears dispute over whether interim arbitration order can be confirmed under Massachusetts law

The Massachusetts Appeals Court heard expedited arguments in the matter identified in the transcript as “20 20 five-ten 46, Dominion Builders LLC versus Hennep Properties LLC and others,” focusing on whether a single justice properly treated an interim arbitration order as an "award" subject to confirmation under the Massachusetts Arbitration Act.

Peter Carr, counsel for Hennep Properties, told the court that section 11 of the Massachusetts Arbitration Act uses the word "award," not "order," and that difference matters: "The statute is the statute," Carr said, arguing that an interim arbitration order is not an award and therefore not subject to confirmation under section 11. Carr told the panel he relied on a textual reading of the statute and cited cases (including what he referred to as Murphy v. National Union) to support the view that "award" carries an element of finality.

Carr also pressed the court on jurisdictional consequences. He argued that if the action at issue is not a confirmation of an award, the automatic right under section 18 to an immediate appeal to a three-judge panel should not apply. That position,…