Neutral Evaluation

NEUTRAL EVALUATION

Neutral evaluation is a non-binding and confidential process wherein an impartial expert, referred to as a neutral evaluator, examines the factual and legal positions of the parties and provides an objective assessment of the likely outcome of the dispute. This early-stage evaluation aids in identifying the strengths and weaknesses of each side’s case and often facilitates informed settlement discussions. This service constitutes a recent addition to our suite of dispute resolution mechanisms, introduced with a view to offering parties a structured and expert-driven assessment at an early stage of the conflict.

Role of a Neutral Evaluator

As part of our Neutral Evaluation service, we engage industry-specific professionals with substantial practical experience in their respective fields. Their deep sectoral knowledge enables them to offer realistic and commercially viable perspectives on complex matters. This approach is particularly effective in technical or specialised disputes, where traditional adjudication may fall short in appreciating industry nuances. The expert’s preliminary evaluation assists parties in understanding the potential outcome of the case, thereby promoting informed decision-making and expeditious resolution.

Provisions of Arbitration and Conciliation Act, 1996

The enactment of Arbitration and Conciliation Act, 1996, has imparted a greater finality to the Arbitration and Conciliation proceedings which has, consequently, found favour with a large number of leading companies which are the members of the Chamber and whose commercial disputes have been arbitrated satisfactorily. The Chamber has a Panel of Arbitrators comprising of eminent senior industry professionals, retired judges of the High Courts and other Courts, and others who possess the requisite expertise.

Arbitration Process

Case Referred

Dispute sent to the Chamber for arbitration.

Legal Brief Prepared

Legal Department prepares a case summary.

Notice Issued

Both parties receive a notice of arbitration initiation.

Advance Payment & Form Submission

Each party submits fees and fills Form ‘A’.

Committee Review

The Arbitration & Conciliation Committee selects an Arbitrator from a confidential panel.

Arbitrator’s Consent

Appointed Arbitrator’s approval is obtained.

Proceedings Begin

Arbitration proceedings are conducted at the Chamber.

Support Provided

Senior officer assists; secretarial support & computerized records are available.

Notes

For more than one Arbitrator, the deposit payable will be proportionate to the number of Arbitrators.
The processing charges will be non-refundable and the administrative charges will be paid irrespective of whether the case is finalized or not.
The entire arbitration charges are payable to the Chamber by each party to the dispute on equal sharing basis. In the event of either of the parties to the dispute not honouring their commitments, the other party will have to pay the entire amounts for the deposit, administrative and other charges.
In the event of the arbitration proceedings during a particular meeting lasting beyond three hours, additional charge for one meeting will be payable.

Arbitration Clause Recommended by Bombay Chamber

The Bombay Chamber of Commerce and Industry recommends to all parties desirous of making reference to Arbitration of the Bombay Chamber, the inclusion of the following arbitration clause in their contracts/agreements:

“All disputes or differences whatsoever arising between the parties out of or relating to the construction, meaning or operation or effect of this contract / agreement or breach thereof shall be settled by arbitration in accordance with the Rules of Arbitration and Conciliation of the Bombay Chamber of Commerce & Industry and the Award made in pursuance thereof shall be binding on the parties”.

Bombay Chamber’s Rules of Arbitration and Conciliation

On the basis of the Arbitration and Conciliation Act, 1996, the Bombay Chamber has made its Rules for Arbitration and Conciliation.

These can be obtained from the Chamber’s Office on payment of Rs.100/- only.

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Neutral Evaluation