A Process Built for Resolution.

Parties may appear without legal counsel or be represented at their own expense by an attorney in good standing at the bar of any court.

Court procedural rules do not apply. The arbitrator has plenary authority to conduct the arbitration in a manner that provides a fair, expeditious, and cost-effective resolution under applicable law.

Notices must be served as specified in the parties’ arbitration agreement or, where no written method is agreed, by the applicable method authorized in the jurisdiction where service is performed.

To commence arbitration, the Claimant must file a Demand for Arbitration or Notice of Intent to Arbitrate with MCA by personal delivery, courier, recorded delivery, or email subject to the paper-copy and filing-fee requirements stated in the Rules.

A Demand for Arbitration must identify the arbitration agreement, the parties and counsel, provide a concise narrative of the controversy and relief sought, include required notice language, proof of service, and the non-refundable $300 filing fee.

After serving and filing a Demand, the Claimant may apply for provisional remedies or interim awards. MCA may appoint an arbitrator to consider the application and issue orders necessary to protect the proceeding and promote fair, expeditious resolution.

A party contesting arbitrability in court must apply for a stay of arbitration within twenty days after service of the Demand and serve notice of that application on all listed parties in accordance with these Rules.

A party may request dismissal of a Demand before an arbitrator by filing a timely Request to Dismiss with MCA, serving all required parties, paying the applicable fee, and complying with the hearing and submission procedures stated in the Rules.

Each Respondent must notify MCA in writing whether it intends to defend the case no later than the twenty-first calendar day after service of the Demand or Notice of Intent to Arbitrate, with proof of service on the Claimant.

If a Respondent’s Notice of Intent to Defend is not received by the twenty-first day, MCA will issue a default warning allowing five additional business days to comply.

If the Respondent does not comply after the default warning, MCA may commence arbitration on default, appoint an arbitrator, require proof of the Claimant’s claims, and issue a decision under the default procedures.

After receipt of a Respondent’s Notice of Intent to Defend, MCA will appoint one arbitrator at its sole discretion. Conflict objections must be raised promptly and will be decided without undue delay.

The arbitrator will issue a Notice of Commencement to all parties listed in the Demand and Notice of Intent to Defend.

Within thirty days after receiving a Notice of Commencement, the Claimant must file a Statement of Claims with MCA by email, serve it as required, and submit supporting proofs, including affidavits, documentary evidence, and available expert materials.

Contractual indemnity, waiver of subrogation, and certain government-fine claims are subject to arbitration under these Rules only where the parties’ arbitration agreement expressly provides for their arbitration in this forum.

Within thirty days after receiving the Claimant’s Statement of Claims and proofs, the Respondent must file and serve its Statement of Claims or Defenses, including objections, admissions or denials, defenses, counterclaims or cross-claims, and supporting proofs.

Where a Respondent asserts a cross-claim against a party bound to arbitrate in this forum or consenting to arbitration here, the arbitrator may stay proceedings as necessary to permit a compliant response.

The arbitrator may extend the time for Statements of Claims or Defenses where needed for reasonable investigation and evidence gathering, unless the extension would cause undue prejudice.

After Statements of Claims or Defenses and proofs are filed, a party may seek summary disposition of the entire case, a claim, or an issue, subject to agreement or adequate notice and opportunity to respond.

After receiving the parties’ Statements of Claims or Defenses, the arbitrator will schedule a preliminary conference and provide notice to all parties at least eight days before the conference.

The preliminary conference is intended to clarify issues and positions and to provide sufficient, expeditious, and cost-effective discovery. The arbitrator determines the agenda and manner of the conference.

The arbitrator may direct the parties to exchange and file witness lists, expert information, discovery requests, requests for admissions, position statements, proposed discovery schedules, and other proper submissions.

Parties are encouraged to bring unaddressed issues to the arbitrator’s attention for inclusion on the preliminary-conference agenda through motions, letter requests, memoranda, or similar submissions.

There shall be no ex parte communications. Emails to the arbitrator must be sent simultaneously to the other party, and telephone communications must include the opposing party.

After the preliminary conference, the arbitrator will issue an order setting the scope, approved methods, and schedule of discovery, and will provide authorized subpoenas with that order.

The arbitrator may adjourn a conference for submission of briefs or memoranda where appropriate.

The arbitrator may request compliance reports concerning discovery and may schedule a compliance conference on the arbitrator’s own initiative or on application of a party.

Parties may request reasonable modifications to a discovery order when discovered information or circumstances require a change in scope or schedule.

After discovery is complete or the discovery period ends, the arbitrator will schedule a pre-hearing conference and set deadlines for motions, witness and expert materials, exhibits, proposed findings, proposed decisions, and briefs.

All filings and proffered exhibits must be submitted electronically as searchable, paginated, indexed, and bookmarked PDF files with embedded hyperlinks to cross-referenced documents.

Objections to evidence, including authenticity concerns, must be raised before the pre-hearing conference with sufficient notice to allow the opposing party a reasonable opportunity to respond.

Court rules of evidence do not apply. The arbitrator may consider hearsay or other objectionable evidence, give it appropriate weight, or reject it where its probative value is negligible or substantially outweighed by unfair prejudice.

At the pre-hearing conference, the arbitrator may rule on evidence objections, pre-mark exhibits, hear arguments, address expert testimony, and take other appropriate action.

At the conclusion of the pre-hearing conference, the parties may jointly waive a merits hearing and stipulate that the arbitrator decide the case on the existing record. Otherwise, the arbitrator will schedule the merits hearing.

The arbitrator may conduct the merits hearing in any fair and proper order or manner, giving each party a reasonable opportunity to be heard, present evidence and witnesses, cross-examine, and offer rebuttal evidence.

The arbitral decision must be in writing and signed and acknowledged by the arbitrator.

Before publishing a decision, the arbitrator may schedule an inquest to tally costs and attorneys’ fees, allocate arbitration fees, and calculate the award.

The original signed and sealed decision and award will be served on the Claimant and Respondent or Respondents personally or by certified mail with return receipt requested.

An award may not violate a relevant provision of the parties’ agreement to arbitrate.

Where a prior written agreement authorizes prevailing-party attorneys’ fees but does not state a rate or cap, the arbitrator may award fees at a rate not exceeding $300 per hour, regardless of the rate charged to the client.

On timely written application, the arbitrator may modify an award for a miscalculation, a correctable award on an unsubmitted matter, or an imperfection of form that does not affect the merits, subject to notice and objection procedures.

Parties must comply with the arbitrator’s directives and notices. Costs arising from non-compliance may be assessed to the party at fault or included in the arbitral award.

Absent compelling reasons to the contrary, arbitration proceedings will be conducted virtually by video conference on a technical platform selected by the arbitrator.

The arbitrator will maintain an audio record of proceedings and provide all or part of the record upon request. A transcript obtained at a party’s expense must be certified by the arbitrator to have probative value.

Either party, or the parties jointly, may engage a court reporter. Resulting transcripts must be provided to opposing parties and filed with the arbitrator, with errata and certification handled as provided in the Rules.

Arbitration fees are billed at $250 per hour in one-tenth-hour increments. Unless the arbitration agreement provides otherwise, fees are presumed to be shared equally, subject to the arbitrator’s authority to allocate them fairly.

Except in a default proceeding, each party must deliver the $4,000 escrow deposit set by the arbitrator after receipt of a Notice of Commencement, payable to Metro Construction Arbitration LLC.

MCA will hold received funds in escrow for arbitrator fees and necessary case expenses, provide periodic statements, draw accrued amounts, and request additional deposits when necessary.

Absent party agreement to extend the arbitrator’s time and make additional escrow deposits, time on a matter is capped at eighty hours and total fees at $20,000 plus necessary expenses.

If a court of competent jurisdiction finds any provision of these Rules unenforceable, that provision will be deemed stricken and the remainder will remain in full force and effect.