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RAYTHEON CO. v. AUTOMATED BUSINESS SYSTEMS, INC.

No. 89-1157.

882 F.2d 6 (1989)

RAYTHEON COMPANY, Plaintiff, Appellant, v. AUTOMATED BUSINESS SYSTEMS, INC., Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided August 2, 1989.

As Amended October 4, 1989.

Attorney(s) appearing for the Case

Gael Mahony with whom Frances S. Cohen, Thomas J. Gallitano, Hill & Barlow and Marguerite T. Grant, Boston, Mass., were on brief, for plaintiff, appellant.

Richard L. Nathan with whom Ann E. Hopfenbeck, Isaacson, Rosenbaum, Woods & Levy, P.C., Denver, Colo., H. Joseph Hameline, Samuel M. Starr and Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C., Boston, Mass., were on brief, for defendant, appellee.

Before BREYER, REINHARDT, and SELYA, Circuit Judges.

REINHARDT, Circuit Judge:

This case requires us to determine whether commercial arbitrators have the power and authority to award punitive damages pursuant to a general contractual arbitration clause which does not specifically provide for the award of such damages. In January 1988, appellant Raytheon Company ("Raytheon") received some unpleasant news. The panel of arbitrators that had presided over an arbitration between Raytheon and a former dealer in Raytheon-manufactured...

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