John Burritt McArthur
Law Office of John Burritt McArthur
2600 Tenth St., Suite 609
Berkeley, CA 94705
Arbitrator, Trial Lawyer, Law Office of John Burritt McArthur, Berkeley, CA, 2008-present.
Trial Lawyer, Hosie McArthur, LLP, San Francisco, 1999-2008.
Trial lawyer, Solo Practice, Berkeley, CA, 1992-1999 (while taking M.P.A. and Ph.D course work).
Trial lawyer, Susman Godfrey, Houston, Texas, associate (1983-1988) and partner (1988-1992).
Law Clerk, Judge Joseph Sneed, Ninth Circuit Court of Appeals, San Francisco, 1982-1983.
Tractor-trailer driver, Advo Systems, 1978-1979.
Delivery driver, Coca Cola of East Hartford, summers 1970-1974 and 1975-1976.
Labor pool manual laborer, assembly-line foreman, miscellaneous periods (1970-1972).
Assistant to lawyer and state representative George Ritter, Hartford, Conn., 1971-1972.
Fellow, Chartered Institute of Arbitrators (CIARB)
Fellow, College of Commercial Arbitrators (CCA)
Fellow, American Bar Foundation
Fellow, Litigation Counsel of America (LCA)
Advisory Board, Sponsoring Member, Institute for Transnational Arbitration (ITA)
Member, Silicon Valley Arbitration & Mediation Center (SVAMC)
Member, Rocky Mountain Mineral Law Foundation
Past-President, International Institute on Natural Resources, Energy, and Environmental Law
Member, Multi-Million Dollar Advocates Forum
Active Licenses: State Bars of Alaska, California, and Texas
Member, American Bar Association
Member, American Judicature Society
Member, International Bar Association
Neutral, American Arbitration Association (AAA): Large Complex Case, Commercial, Oil and Gas, National Energy Panels
Distinguished Neutral, CPR Institute of Dispute Resolution (CPR): California, Oil, Gas and Energy, and Banking Panels
Neutral, Fed-Arb: Commercial Neutral; also on Antitrust, Commercial, Oil Gas Energy and Water, Insurance, International, Securities/Financial Services Specialized Panels
Member, National Academy of Distinguished Neutrals (NADN)
International Arbitrator Listings: LCIA, KLRCA, JURIS's Roster of International Arbitrators
John McArthur’s work as an arbitrator, which extends back to 1994, tracks his 37 years working as a trial lawyer. In his trial career, he has represented plaintiffs and defendants, qui tam relators, classes in class actions, parties in MDL litigation and in arbitration, some of the world’s largest corporations, small businessmen, billionaires, two Alaskan Native Corporations, four States (Alaska, Hawai’i, Louisiana, and Mississippi), a franchisee whose franchisor overnight hired all of his multi-state staff of employees except his two sons while terminating him, and an elderly couple in a bitter dispute with their neighbors.
As an arbitrator, McArthur has sat as sole arbitrator, party-appointed arbitrator, and chair in more than 125 arbitrations, the great majority of them high-stakes, complex disputes from around the country. McArthur’s experience has led him to be admitted to some of the most prestigious arbitral organizations and put on some of its leading lists: Fellow of the College of Commercial Arbitrators and Chartered Institute of Arbitrators, member of the National Academy of Distinguished Neutrals, member of the ADR committee of Litigation Counsel of America, a listed arbitrator for the AAA, CPR, Fed-Arb, and FINRA as well as the international rosters of the LCIA, KLRCA, and the Roster of International Arbitrators. The disputes he has arbitrated have spanned many industries, usually involve aggressive counsel, and often turn on highly technical issues. They have run the gamut of business claims, ranging from antitrust violations to securities disputes, breaches of simple and complex contracts to the widest range of business torts, purchase and sale agreements to take-or-pay and requirement contracts, franchise disagreements and supply contracts to investment fallings out, partnership battles to dissolution of family corporations, almost every aspect of the oil and gas industry, and terminations of employment to clashes over the effects of economic collapse, regulation, and deregulation. Most of McArthur’s arbitrations are battles over tens or hundreds of millions of dollars. The largest began as a dispute over a billion dollars.
McArthur enjoys the job of administering high-stakes arbitrations immensely, as he does the challenge of mastering a complex record on the facts and on the law and when applicable writing a reasoned award that truly explains the outcome. His forthcoming book for Juris Publications is a treatise on how to strengthen arbitration awards. McArthur’s commitment to making the arbitrations he oversees fair, efficient proceedings is reflected in many of his extensive articles on arbitration as well as that book. McArthur’s diverse pre-law-school jobs and his extensive graduate-level education equip him with an array of tools to deeply understand the human circumstances that produce irreconcilable disagreements and to resolve them impartially, neutrally, and independently.
Other Recent Publications on Arbitration:
1. With Allison Snyder, “How to Protect Your Right to a Reasoned Construction Award, When That is What You Want,” 16 Constr. L.J. 7 (Summer 2020).
2. “Tribunals, Providers, and Courts Must Help Protect Reasoned Awards,” 38 Alternatives 56 (Apr. 2020).
3. “Parties Usually Benefit Most from Reasoned Awards, Not Standard Awards,” 38 Alternatives 44 (Mar. 2020).
4. “Parties, Beware: Current Practices and Judicial Standards Threaten Your Right to Truly Reasoned Awards,” 38 Alternatives 19 (Feb. 2020).
1. With Allison Snyder, “The Second Circuit Needs to Break Precedent to Protect Reasoned Arbitration Awards,” 12 N.Y.S. Disp. Resol. Lawyer 16 (2019).
2. With Allison Snyder, “The Arbitration Award: Delivering a Quality Decision,” presented at AAA/ICDR 2019 Panel Conference, Nashville, Tenn. (Mar. 8-9, 2019).
1. “Real-World Questions about Awards and Arbitrator Decisionmaking: A Modest Problem Set,” presented at AAA Roundtable, San Francisco, CA (June 6, 2018).
3. “Ten Practices to Embrace, Ten to Shun, When Writing
Awards” and “Award and PostAward Issues” [moderator, with Karen Evans and Francisco Rodriguez), both presented at ABA Arb. Training Inst., Miami, FL (May 17-18, 2018).
4. “Putting Arbitration in Your Trial Toolbox: How to Stop
Worrying About the Panel Hearing and Learn to Love It Instead,” presented at Litigation Counsel of America Renaissance Symposium XIII, San Francisco, CA (April 20, 2018).
- Co-author, revisions to Chapter 12, Awards and Substantive Interlocutory Arbitral Decisions, in COLLEGE OF COMMERCIAL ARBITRATORS, GUIDE TO BEST PRACTICES IN COMMERCIAL ARBITRATION (4th ed. 2017).
2. “The Tom Brady Award and the Merit of Reasoned Awards,” 8 Harvard J. Sports and Entertainment L., no. 2 (2017).
3. “Reasoned Awards: Why the Fuss? Why the Confusion?” presented at AAA Roundtable, San Francisco, CA (Feb. 8, 2017).
1. “Arbitrator Use and Misuse of Experts,” presented at AAA Roundtable, San Francisco, CA. (Nov. 11, 2015).
2. Co-author, “Arbitration: The Underused Alternative for Oil and Gas Disputes,” Texas Lawyer (June 17, 2015).
1. “Do Arbitrators Know Something that Judges Don’t?,” 94 Judicature 107 (2010).
1. “Draft to Make Arbitrators Follow the Law,” The Recorder (Dec. 18, 2009).
MacArthur also recently published:
He is the author of numerous other articles on energy, markets, judicial management, and other legal topics.
A complete listing can be found on his website, www.JohnMcArthurLaw.com.