A party may believe it has a potential claim/dispute or desire to initiate one with a counterparty, and informs it about the claim/dispute.

Any of the parties can let MaxMax Chambers know of the potential situation or wish, and request conciliation and/or mediation services.

When so contacted, administrators of MaxMax Chambers will help the party send out appropriate communication (with requisite documentation) to the counter party to begin the proceedings.

If both parties are agreed to attempt conciliation and/or mediation.

MaxMax Chambers will assign, after following a due process of conflict check, fitment and acceptance, a MaxMax Professional, who will assist in reaching a mutually agreed outcome within a 6-week period.

Even with the help of MaxMax Professional the parties are unable to reach a mutually agreed outcome.

The MaxMax Professional will suggest proceeding for arbitration to resolve the dispute, if arbitration proceedings are required / appropriate in the situation.

Depending on the contract between the parties, a party will then provide a notice of arbitration to the other party, and also inform MaxMax Chambers.

MaxMax Chambers will appoint a suitable arbitrator, who will be a different MaxMax professional than the person who was involved in conciliation/mediation to ensure that there is no conflict of interest.

Please note that if the arbitration agreement calls for a tribunal to be constituted, then MaxMax Chambers will assist in putting together an appropriate tribunal or at the very least suggesting the Chairperson.

The appointed arbitrator(s) will call for the first meeting.

As part of the first meeting, depending on the size and nature of dispute, the arbitrator(s) will either suggest proceedings to consist of written statements only or written statements and oral hearings.

Irrespective, the arbitrator(s) will request the parties as part of the first meeting to briefly present their case so that both parties as well as the arbitrator(s) are able to understand the potential claim/dispute.

In order to come to an outcome as soon as reasonably possible, MaxMax Chambers will ensure that the appointed arbitrator(s) has sufficient availability.

MaxMax Chambers will also assign a Case Manager for the proceedings, who will take responsibility for the administration of the process to ensure that the proceedings progress without any hindrance.

The arbitrator(s) will close out the proceedings as soon as reasonably possible while ensuring that both parties got sufficient time and opportunity to present their case.

The maximum duration for closing out the proceedings from the first meeting will be 4 months.

Full efforts will be made to adhere to this timeline. In exceptional cases, the proceedings could stretch to a slightly longer duration.

The arbitrator(s) will prepare a draft of the award and give it to MaxMax Chambers for scrutiny.

MaxMax Chambers will appoint another MaxMax Professional to review the draft award to ensure that there are no administrative errors on the face of the award without affecting the substantive decision of the arbitrator(s) who conducted the proceedings.

No additional fee will be charged by MaxMax Chambers for such review.

Please note that this step will also apply to settlement agreements under conciliation / mediation.

Before the award is released to the parties, the arbitrator(s) will once again request the parties to come to a settlement.

This effort of settlement is made keeping in view that contracting parties may have had reasonable differences and that the proceedings may have brought out each party’s position more clearly and thus allowing one party to better appreciate the position of the other party.

Please note that this attempt at settlement will only be made with the concurrence of the arbitrator(s) as well as the parties involved.

If the parties are unable to reach the settlement within 2 weeks of the request by the arbitrator, the arbitrator will then release the award to the parties.

No matter what is the nature and size of the dispute, all efforts will be made by MaxMax Chambers to conclude the arbitration within 6 months of MaxMax Chambers being made first aware of the claim/dispute.