Relying on principles of statutory construction, the Supreme Judicial Court held that even in light of a finding that all of the claims or defenses are ‘wholly insubstantial, frivolous, and not advanced in good faith’, an arbitral panel lacks the authority to award attorney’s fees unless the parties provided for the award of fees in their agreement to arbitrate. Beacon Towers Condominium Trust v. George Alex, SJC-11880. January 7, 2016.
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