The applicant sought to determine whether an order granting a conditional stay of enforcement of an arbitration award was final or interlocutory, as this determination established jurisdiction.
The arbitration concerned ownership of software, with the arbitrator awarding ownership to the respondent, granting injunctive relief, and ordering costs exceeding $1.5 million.
The applicant commenced an application to set aside parts of the award.
The application judge granted a conditional stay of enforcement pending the disposition of the application, conditioning the stay on monthly payments of $25,000.
The court determined that the stay order was interlocutory because the merits of the underlying application remained to be determined and the matter was pending under the relevant statutory provisions.
