What is MaxMax Chambers (MMC)?

MaxMax Chambers (MMC) is a specialized dispute resolution institution that provides dispute avoidance, management and resolution services, via conciliation, mediation and arbitration. It is not a legal services firm.

Does MMC provide legal representation?

MMC does not provide legal advice. Under its aegis, MMC provides conciliators, mediators, and arbitrators, and the facilities and relevant resources to conduct the proceedings.

Do parties need to be represented by lawyers?

No. Parties are free (and encouraged) to make their own submissions. However, if they wish, they may be represented by lawyers.

Who can approach MMC for help in resolving a dispute?

A party to a dispute may submit it for resolution to MMC if other party so agrees. Such dispute resolution may be by conciliation, mediation or arbitration.

What should I choose? Conciliation, Mediation, or Arbitration?

Whether a dispute can be resolved by conciliation, mediation or arbitration, usually depends on the current relationship between the parties, and the level of understanding of the dispute between them. MMC is equipped to help the parties deciding the best way forward – it’s role is to enable a solution that ends the dispute expeditiously and economically.

While a conciliator may even propose a solution to a dispute, a mediator will only facilitate a solution between the parties that they themselves come up with. Unless both the parties agree to the proposed solution in writing, conciliation or mediation is non-conclusive. A party may terminate a conciliation/mediation proceeding at any time, and thus they are always in control of the dispute resolution process.

Compared to conciliation / mediation, an arbitration is binding on the parties, and the award by an arbitrator can only be challenged as per established principles in law. An arbitrator is required to decide the dispute based on the evidence at hand. In effect, it is private litigation, with the expectation that it will be more substance over form in the dispute resolution process.

At what stages of a dispute can mediation be used?

Mediation can be used at any stage of a dispute. It can be chosen as the first step towards seeking a resolution of the dispute or at any time during arbitration or litigation where the parties wish to explore the possibility of settlement and that too quickly. If any pending legal proceedings are settled through mediation, the parties are, subject to conditions, entitled to a refund of the Court Fees paid.

What kind of disputes can be submitted to MMC?

Any type of dispute can be submitted to MMC for resolution, including disputes related to intellectual property, commercial transactions, franchisee arrangements, IT contracts, media and distribution contracts, supply chain contracts, telecom contracts, joint ventures, R&D contracts, employment contracts, mergers and acquisitions, construction and infrastructure projects, and financial services contracts.

How is a conciliator, mediator or an arbitrator appointed?

The parties can choose their own conciliator, mediator or arbitrator from the panel of MaxMax professionals or can request MMC administrator to appoint one for them. While appointing a person, the MMC administrator will take into consideration the nature of the dispute as well as the domain expertise of the MaxMax Professional. It will also ensure absence of any conflicts to maintain highest standards of integrity. MMC has a panel of professionals (former CXOs and HODs) with vast experience in resolving disputes within their organisations and with their vendors, partners and customers.

Is it necessary for the dispute resolution professional to be lawyer?

No, it is not necessary. The Indian Arbitration & Conciliation Act, 1996 lays down criteria for persons to be appointed as arbitrators, which includes specified categories of professionals (including lawyers) with certain minimum experience. All MaxMax Professionals are so qualified.

How can a person become a MaxMax Dispute Resolution Professional?

This position is by invitation only. If you would like to get invited, please reach out to us at administrators@maxmaxchambers.com with an expression of interest, including all relevant details. We would be happy to consider such a request.

How does one engage MMC for help in dispute resolution?

A party may reach out to MMC via the Contact Us form on this website or by writing to us at administrators@maxmaxchambers.com to begin the process of dispute resolution. Thereafter, an MMC case manager will be assist you in getting the process started, which case manager will also help in the seamless conduct of the proceedings as a support professional to the duly appointed conciliator, mediator or arbitrator, as the case may be.

Where will the proceedings to resolve the dispute take place?

The parties can mutually choose their venue for the proceedings. MMC encourages the proceedings to take place via video conferencing, if possible. If the parties fail to agree on a common place to meet, then the proceedings will take place in New Delhi, India unless a MMC administrator determines that another place would be more suitable.

What facilities does MMC have to conduct proceedings/ hearings?

State-of- the-art meeting rooms and facilities are available at reasonable costs across the country. Click here to know more.

Are MMC proceedings confidential?

Yes, all MMC proceedings are confidential. By law any disclosures or submissions made in a mediation proceedings cannot be used as evidence or acknowledgement in any arbitral or litigation proceedings.

What is the process of getting a dispute resolved by MMC?

MMC has put in place global best practices to resolve disputes whether by conciliation, mediation or arbitration. Click here to know the details of the process.

Can you provide me with a few examples of global best practices?

While the whole process at MMC consists of global best practices, couple of examples should suffice: (i) every award or agreement, in case of mediation, is peer reviewed by a MaxMax Professional appointed by the administrators to draw attention to points of substance and suggest modifications as to the form of the award, without affecting the conciliator’s, mediator’s or arbitrator’s liberty of decision, and (ii) to ensure certainty of costs involved, MMC follows a fixed-fee Dispute Resolution Fees (DRF) model.

What are the fees for getting a dispute resolved by MMC?

The MMC Dispute Resolution Fees (DRF) consists of professional services fees calculated as a percentage of the dispute amount. It is usually 1-2% of the dispute amount. DRF does not include (a) parties’ legal fees, (b) venue related costs, and (c) document copying or similar expenses, and (d) if required, the costs of an expert appointed by the MaxMax Professional. The above fees are exclusive of the applicable GST.

Which party bears the DRF and related costs?

These are usually borne equally by the parties but if there is an agreement between the parties to bear these fees and costs differently, then the allocation will be done accordingly. The arbitral award may in some cases carry directions regarding award of costs.

Is it possible to consolidate related disputes under the same proceedings?

Yes. At the request of a party and after consultation with the other parties, the MMC Administrators can consolidate two or more disputes, subject to: (i) all parties agreeing to the consolidation; and (ii) all claims being made come under the same dispute resolution agreement between the parties.