Massachusetts General Laws

Mass. Gen. Laws ch. 251, § 3 (2026)

Appointment of arbitrators

✓ current as of July 2026

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Section 3. If the arbitration agreement provides a method of appointment of arbitrators, such method shall be followed. In the absence thereof, or if the agreed method fails or for any reason cannot be followed, or if an arbitrator appointed fails or is unable to act and his successor has not been duly appointed, the court on application of a party shall appoint an arbitrator. An arbitrator so appointed shall have all the powers of an arbitrator specifically named in the agreement.

Notes of Decisions

Cited in 9 cases, 1973–2020 · leading case: Katz, Nannis & Solomon, P.C. v. Levine, 46 N.E.3d 541 (Mass. 2016).

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Katz, Nannis & Solomon, P.C. v. Levine, 46 N.E.3d 541 (Mass. 2016). “For example, G. L. c. 251, § 3, directs that the parties’ contractual provisions for appointing an arbitrator are to be followed in the first instance, and sets up a default method of appointment if a contractually defined method is not available: “If the arbitration agreement…”

Hague v. Piva, 808 N.E.2d 843 (Mass. App. Ct. 2004). “251, § 12(a)(4), whereupon the court “shall vacate” the award and “may order *229 a rehearing before the arbitrators who made the award or their successors appointed in accordance with [G. L. c. 251, § 3].” G. L. c. 251, § 12(a), (c).”

Weiner v. Com. Ins., 940 N.E.2d 1246 (Mass. App. Ct. 2011). “” G. L. c. 251, § 3, inserted by St. 1960, c.”

Stop & Shop Companies, Inc. v. Gilbane Bldg. Co., 304 N.E.2d 429 (Mass. 1973). “” G. L. c. 251, § 3. Matters having to do with the procedure to be followed before the arbitrators are peculiarly for resolution by them.”

Green Valley Trading Co. v. Olam Americas, Inc. (D. Mass. 2020). · cites it 5× “Mass. Gen. Laws ch. 251, § 3 . Defendant contends that this case must be dismissed because the arbitration agreement at issue provides a method of appointment of arbitrators; the agreement states that “such method shall be followed”; and as a factual matter it has not been…”

Woods v. Com. Union Ins., 753 N.E.2d 840 (Mass. App. Ct. 2001). “251, § 2, 3 for an order compelling arbitration, or under G. L. c. 251, § 3, 4 for the appointment of an arbitrator.”

Nasta v. Premier Ins., 16 Mass. L. Rptr. 501 (Mass. Super. Ct. 2003). “This is a civil action in which the plaintiff Joseph Nasta (“plaintiff’) has requested an order to compel Premier Insurance Company (“defendant”) to submit to arbitration, pursuant to G.L.c. 251, §3, which reads, in pertinent part, “If the arbitration agreement provides a method…”

Heritage Constr. & Dev., Inc. v. O'Connor, 25 Mass. L. Rptr. 1 (Mass. Super. Ct. 2008). “See G.L.c. 251, §§3, 5, 8, 9, 11-15. By contrast, sections 2 and 2A, which authorize proceedings to compel or stay arbitration and actions to consolidate or sever arbitrations, explicitly require that such applications be filed in the Superior Court.”

Bedard v. Brewer Fin. Servs., LLC, 30 Mass. L. Rptr. 315 (Mass. Super. Ct. 2012). “Since arbitration is not available through FINRA, the Court must determine the appropriate forum, pursuant to G.L.c. 251, §3. 6 The agreement gives the customer the choice of forum within a specified range of permissible choices.”

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