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Rejecting arguments that the Boston Municipal Court was an improper venue for confirming an arbitration award, the Massachusetts Municipal Court Appellate Division held that G.L.c.251, Sec 16 allows any court of competent jurisdiction to confirm an arbitration award.
In Abraham-Copley Square LTD. Partnership v. Badaoui, No. Civ.A. 06 01 CV 798, 2007 WL 1666556 (Mass. Mun. Ct. Boston. A.D. June 6, 2007), commercial landlord Abraham-Copley and tenant Badaoui submitted a dispute over damages to leased premises to arbitration. The arbitrator found in favor of Abraham Copley and awarded damages.
Badaoui failed to pay the award and Abraham-Copley filed a complaint in Boston Municipal Court seeking the award's enforcement. Badaoui moved to dismiss the claim, asserting that Boston Municipal Court was an improper venue for bringing a confirmation action. The Court ruled on Abraham-Copley's behalf and awarded damages. Badaoui appealed the trial court's ruling.
The Court held that the Boston Municipal Court had jurisdiction to confirm the arbitration award granted to Abraham-Copley. Under G.L.c.251, Sec 16 a court is defined as "any court of competent jurisdiction in the state." Additionally, the legislature only used the term "Superior Court" in select sections of the statute, suggesting the legislature intended to vest the Boston Municipal Court with jurisdiction to confirm arbitration awards.
Finally, G.L.c.251,Sec 16 requires a court to confirm an arbitration award provided no "grounds are urged for vacating or modifying or correcting the award." Badaoui did not challenge the arbitration award's validity, but rather only challenged the trial court's jurisdiction to hear the case.
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