Appeals court examines whether arbitration award is final or reserved pending commercial‑reasonableness claims

Good afternoon. The panel heard argument about whether an arbitration award confirming ongoing percentage payments under a 2015 contract is final and collectible, or whether the arbitration panel's stated reservation of commercial‑reasonableness claims leaves the award interlocutory and subject to later modification.

Counsel for Mass Alternative Care argued the arbitration panel expressly reserved commercial‑reasonableness claims in the award and that those claims affect the final amount collectible; the company urged the court not to confirm entry of a judgment that would be immediately enforceable while related issues remain pending. Counsel noted the addendum in the contract contemplated reassessment of terms to ensure payments remain commercially reasonable and argued that if the panel has not resolved that point the award should not be treated as a final, enforceable money judgment.

Opposing counsel Corey Bradock said the panel labeled the award "final" and the confirmation process exists to allow a prevailing party to collect. He said the arbitration panel declined to revisit issues it deemed unnecessary to resolve at that time and that the losing party can seek modification or vacatur under statutory grounds if the circumstances permit; he framed the appellant's approach as delay aimed to avoid payment and said the appropriate remedy for the appellant is arbitration or a prompt motion to modify, not blocking confirmation.

The panel probed whether the addendum applies to a for‑profit operator, whether the reservation of claims could make the award nonfinal, and what remedies are available if a later proceeding reduces the recoverable sum. The court took the matter under advisement.