Arbitration is a process in which disputing parties submit their respective cases to a neutral third party (i.e. the Arbitrator) who renders a decision by applying the governing law to the facts. See The Basics of Arbitration for more information. Many of our Neutrals provide arbitration services, with a few exceptions. See Civil Dispute Neutrals and Family Law Neutrals for information on which Neutrals offer arbitration services.
All parties must be represented by counsel unless The McCammon Group gives consent in exceptional circumstances.
The McCammon Group, Ltd. (“McCammon”) is available to provide arbitration service in two alternative scenarios.
THE MCCAMMON GROUP’S AGREEMENT TO ARBITRATE
The first, and most typical, scenario is by use of McCammon’s own Agreement to Arbitrate and accompanying Rules. Please see McCammon’s “Agreement to Arbitrate” and its “Arbitration Rules.”
EXTERNAL AGREEMENTS TO ARBITRATE
The second scenario, though less common, involves agreements to arbitrate generated by parties external to McCammon (“External Agreements”). Some of these External Agreements are executed before a dispute arises, and some are executed after a dispute arises.
The McCammon Group is available to provide the Arbitrator and the accompanying administrative support in situations involving External Agreements pursuant to certain principles outlined in McCammon Rule 3. In particular, note:
“Generally, McCammon does not handle arbitrations pursuant to External Agreements unless all of the parties have either: (a) executed the External Agreement after consulting with counsel at the time of executing or developing the External Agreement; or (b) at the time of the initiation of the Claims, or the response thereto, agree through counsel to arbitrate the Claims and Counterclaims and to be bound by these Rules. (If the facts referenced in this paragraph come into question, the party initiating the Arbitration shall have the burden of demonstrating them to McCammon.)”