Justice F. Dana Winslow
Petitioner sought to confirm an arbitration award arising from an alleged breach of a commercial security equipment lease agreement. The agreement provided any disputes would be determined by arbitration. Petitioner served a demand for arbitration by ordinary mail, and respondents failed to answer. The arbitrator found respondents were duly notified of the proceedings, held them in default and rendered an award in petitioner’s favor. Petitioner claimed service was valid as it was made in accordance with the arbitration forum’s rules, incorporated into the agreement. In a matter of first impression, the question presented was whether an explicit contractual agreement to permit service of papers in all proceedings by ordinary mail could supercede the more rigorous statutory requirements applicable to commencement of judicial actions. The court ruled, taking all the circumstances together, there appeared to be a “shortfall of due process,” finding “repeatedly and blindly” mailing papers to the same address, in the same manner that previously yielded no response was not conduct reasonably calculated to apprise respondent of the pendency of a proceeding. Thus, it denied the relief sought without prejudice to renewal upon proof that jurisdiction over respondents was acquired.
