Massachusetts General Laws

Mass. Gen. Laws ch. 251, § 10 (2026)

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Section 10. Unless otherwise provided in the agreement to arbitrate, the arbitrators' expenses and fees, together with other expenses, not including counsel fees, incurred in the conduct of the arbitration, shall be paid as provided in the award.

Notes of Decisions

Cited in 18 cases, 1926–2018 · leading case: Drywall Sys., Inc. v. ZVI Constr. Co., 761 N.E.2d 482 (Mass. 2002).

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Drywall Sys., Inc. v. ZVI Constr. Co., 761 N.E.2d 482 (Mass. 2002). · cites it 7× “An arbitrator’s award of damages is the counterpart of a court’s judgment for purposes of calculating multiple damages under § 11, and there is nothing in the 1989 amendment to suggest otherwise.”

Beacon Towers Condo. Trust v. Alex, 42 N.E.3d 1144 (Mass. 2016). · cites it 6× “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.”

LaRoche v. Flynn, 771 N.E.2d 792 (Mass. App. Ct. 2002). · cites it 4× “In his written order, the motion judge did not address the effect of G. L. c. 251, § 10, on the appropriateness of a request for attorney’s fees in a matter submitted to arbitration.”

Drywall Sys., Inc. v. ZVI Constr. Co., 747 N.E.2d 168 (Mass. App. Ct. 2001). · cites it 2× “149, § 29) against G. L. c. 251, § 10, which states: “Unless otherwise provided in the agreement to arbitrate, the arbitrators’ expenses and fees, together with other expenses, *364 not including counsel fees, incurred in the conduct of the arbitration, shall be paid as provided…”

Janney Montgomery Scott LLC v. Tobin, 571 F.3d 162 (1st Cir. 2009). “See Mass. Gen. Laws ch. 251, § 10 . 5 . JMS relies on three cases, each of which denied post-arbitration attorneys’ fees, in support of its position.”

Softkey, Inc. v. Useful Software, Inc., 756 N.E.2d 631 (Mass. App. Ct. 2001). “See G. L. c. 251, § 10; Baxter Health Care Corp.”

Baxter Health Care, Corp. v. Harvard Apparatus, Inc., 617 N.E.2d 1018 (Mass. App. Ct. 1993). “The award of counsel fees by the arbitrators was error, whether one applies Massachusetts or, as Harvard argues, Federal law.”

Raytheon Co. v. Comput. Distributors, Inc., 632 F. Supp. 553 (D. Mass. 1986). “In Floors, the Massachusetts Supreme Judicial Court decided that because the Massachusetts statute governing commercial arbitration, Mass.Gen.Laws ch. 251, § 10, does not allow attorneys’ fees to be awarded in arbitration, another statute permitting a court to award attorneys…”

Floors, Inc. v. B. G. Danis of New England, Inc., 387 N.E.2d 1166 (Mass. App. Ct. 1979). “149, § 29, and G. L. c. 251, § 10, by concluding that legal fees attributable to the arbitration proceeding shall be borne as c.”

Cochrane v. Forbes, 153 N.E. 566 (Mass. 1926). “See G. L. c. 251, § 10. Todd v. Old Colony & Fall River Railroad, 3 Allen, 18 .”

Boston & Providence R.R. v. Old Colony R.R., 269 Mass. 190 (Mass. 1929). “The arguments have been made on that basis. In these circumstances no reason appears why judgment required by the rule of law here declared applicable should not now be ordered to be entered.”

Sun Fire Prot. & Eng'g, Inc. v. D.F. Pray, Inc., 899 N.E.2d 114 (Mass. App. Ct. 2009). “As to the defendants’ second argument, we have previously held that G. L. c. 251, § 10, does not preclude the award of pre-arbitration attorney’s fees and expenses, i.”

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