Depending on the size of the organization and the nature of the industry in which such organisation operates in, MaxMax Chambers provides dispute avoidance services on a retainer basis.
Our clients retain us to do the following:
- Audit commercial engagement practices within the organisation and with third parties.
- Audit POSH, employee dispute resolution and employee whistle-blower policies/systems.
- Review any changes to such practices as and when they are made.
- If there is a potential dispute that may arise where the organisation is likely to be a party, review the facts of the matter, and then provide an independent opinion to the organisation.
- In the event, services are then sought to help with conciliation or mediation, help the parties come to an amicable settlement employing global best practices for conciliation and mediation, which will be charged separately on a case by case basis.
- If for any reason, the parties choose to go for arbitration, then other MaxMax professionals may be engaged, independent of the professionals who assisted with dispute avoidance to ensure there is no conflict of interest of any kind. Additional fees will also be charged for this.
As part of helping with the dispute resolution, MaxMax Chambers also provides dispute management services.
These services include the management of all cases allocated to MMC for management using the case management tool provided by MMC. MMC case management tool allows management of all documents that are put up in relation to that dispute in one location, and management of the calendar and meetings scheduler for all such cases under management.
The MMC Case Management Tool can also be used to manage all POSH, employee disputes and whistle-blower matters ensuring tracking, reporting and storage at a single place.
Any type of dispute can be submitted to MMC for resolution, including disputes related to intellectual property, commercial transactions, franchisee arrangements, IT contracts, media & 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.
Whether a dispute can be resolved by conciliation, mediation or arbitration, it really depends on the current relationship between the parties, and the level of understanding of the dispute between them.
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-binding in nature. 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.
Dispute resolution is undertaken by our panel of professionals (former CXOs and HODs) with vast experience in resolving disputes within their organisations and with their vendors, partners and customers. Thus, they are able to quickly get to the core of the issues and help in their resolution.
While MaxMax Chambers professionals can be engaged in all sorts of commercial dispute avoidance, management and resolution services, the following are its areas of specialization:
- Construction and Infrastructure Sector
- Financial Services, especially NPA Resolution
- Joint Venture and Business Association Agreements
- IT, ITES & Telecom Industry