SUPERADIO LIMITED PARTNERSHIP vs. WINSTAR RADIO PRODUCTIONS, LLC. 1, 446 Mass. 330

Summary

The parties' agreement obliged them to share advertising revenues. Plaintiff demanded arbitration, alleging defendant withheld revenues it should have shared. Defendant counterclaimed, making the same claim. The arbitration panel rejected plaintiff's request to disqualify defense counsel, who was not licensed in Massachusetts, as the arbitration rules permitted representation by nonlawyers. It found that plaintiff had underreported revenues owed defendant, but that defendant could not prove its damages due to plaintiff's failure to produce documents in discovery. It sanctioned plaintiff for violating the discovery order by imposing a monetary sanction. The intermediate appellate court held the panel had no ability to do so. The high court disagreed. The arbitration rules, along with the agreement's broad arbitration provision, implicitly authorized the panel to resolve discovery disputes by imposing monetary sanctions. Assuming arguendo that defendant's attorney engaged in the ...