Massachusetts General Laws

Mass. Gen. Laws ch. 251, § 5 (2026)

Hearings; time and place; rights of parties; conduct of hearings

✓ current as of July 2026

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Section 5. Unless otherwise provided by the agreement:—

(a) The arbitrators shall appoint a time and place for the hearing and cause written notice to the parties to be served personally or by registered mail not less than five days before the hearing. Appearance at the hearing shall constitute a waiver of such notice. The arbitrators may adjourn the hearing from time to time and, on request of a party and for good cause, or upon their own motion may postpone the hearing to a time not later than the date fixed by the agreement for making the award unless the parties consent to a later date. The arbitrators may hear and determine the controversy upon the evidence produced notwithstanding the failure of a party duly notified to appear. The court on application may direct the arbitrators to proceed promptly with the hearing and determination of the controversy.

(b) The parties shall have the right to be heard, to present evidence material to the controversy and to cross-examine witnesses appearing at the hearing.

(c) The hearing shall be conducted by all the arbitrators but a majority may determine any question and render a final award. If, during the course of the hearing, an arbitrator for any reason ceases to act, the remaining arbitrator or arbitrators appointed to act as neutrals may continue with the hearing and determination of the controversy.

Notes of Decisions

Cited in 9 cases, 1981–2016 · leading case: Baxter Health Care, Corp. v. Harvard Apparatus, Inc., 617 N.E.2d 1018 (Mass. App. Ct. 1993).

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Baxter Health Care, Corp. v. Harvard Apparatus, Inc., 617 N.E.2d 1018 (Mass. App. Ct. 1993). “See G. L. c. 251, §§ 5 & 12(c)(4). The analysis ends by returning to the point of beginning: the original award of the arbitrators is final unless the court, upon the application of a party under § 9, finds that what the applicant seeks is a clarification of the precise meaning…”

Parekh Constr., Inc. v. Pitt Constr. Corp., 577 N.E.2d 632 (Mass. App. Ct. 1991). “” See also G. L. c. 251, § 5, as inserted by St. 1960, c.”

Town of Danvers v. Wexler Constr. Co., 422 N.E.2d 782 (Mass. App. Ct. 1981). “The arbitrator, who has considerable discretion in managing the case (see G. L. c. 251, § 5[a]; Bay State York Co. v.”

Alperin v. E. Smelting & Refining Corp., 591 N.E.2d 1122 (Mass. App. Ct. 1992). “See G. L. c. 251, § 5. 10 Maurice was given no opportunity to be heard or to present his views; he could not question or dispute something about which he had no knowledge, as the trial judge found.”

Jonas v. Deutsche Bank Sec., 24 Mass. L. Rptr. 475 (Mass. Super. Ct. 2008). · cites it 3× “” G.L.c. 251, §5(b). It does not give parties the right to provide copies of court cases to the arbitrators, or even the right to file a written brief.”

Kady v. Arbella Mut. Ins., 25 Mass. L. Rptr. 577 (Mass. Super. Ct. 2009). · cites it 2× “Accordingly, Kady would have the arbitration award vacated under G.L.c. 251, §§5, 12. Controversies that have their basis in the law can be resolved in an arbitration proceeding if the parties to the dispute so agree or if the governing law requires resolution of such…”

Danvers v. Wexler Constr., U. Elec. Contr, 422 N.E.2d 782 (Mass. App. Ct. 1981). “[9] The arbitrator, who has considerable discretion in managing the case (see G.L.c. 251, § 5[ a ]; Bay State York Co. v.”

City of Newton v. Cummings, 33 Mass. L. Rptr. 371 (Mass. Super. Ct. 2016). “The Arbitrator did not exceed his powers; nor did he wrongly refuse to postpone a hearing or to consider material evidence (quite the contrary), or otherwise fail to conduct the hearing in accordance with G.L.c. 251, §5. There are, in short, no grounds to vacate the award.”

Woods v. Com. Union Ins., 753 N.E.2d 840 (Mass. App. Ct. 2001). “It is arguable that, had an arbitrator been chosen by statute or *402 by a method agreed upon by the parties, the provisions of G. L. c. 251, § 5, 6 would have permitted that arbitrator to conduct an ex parte proceeding and render a binding award.”

— Mass. Gen. Laws ch. 251, § 5(b) — 2 cases

Jonas v. Deutsche Bank Sec., 24 Mass. L. Rptr. 475 (Mass. Super. Ct. 2008). “” G.L.c. 251, §5(b). It does not give parties the right to provide copies of court cases to the arbitrators, or even the right to file a written brief.”

Kady v. Arbella Mut. Ins., 25 Mass. L. Rptr. 577 (Mass. Super. Ct. 2009). “Accordingly, Kady would have the arbitration award vacated under G.L.c. 251, §§5, 12. Controversies that have their basis in the law can be resolved in an arbitration proceeding if the parties to the dispute so agree or if the governing law requires resolution of such…”

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