Arbitration at Miles
Understanding the Workflow at Miles
Since its inception, arbitral proceedings and procedures have championed party autonomy, cost and time efficiency, and flexibility. At Miles, we are often asked by parties and attorneys of stages, timelines, and fees associated with arbitrations. While it is difficult to articulate responses to such queries with absolute certainty, we have developed the following workflow to assist parties and attorneys in dictating steps and action plans throughout the arbitration proceedings and a cost-calculator to determine costs to initiate and conclude arbitrations at Miles. If you have any questions, please contact us at arb@milesadr.com.
The Claimant must file a demand for arbitration (“Demand”) readily available on www.milesadr.com/demand-for-arbitration/ through: (i) e-filing, (ii) email at arb@milesadr.com, or (iii) physical filing. Along with the Demand, the Claimant must make a payment of $1500 towards Miles’ administrative and commencement fees.
Upon receipt of the Demand, a case manager will be assigned to the matter to coordinate with the parties and the arbitrator/ arbitral tribunal.
Upon being served with the Demand, the Respondent must serve its answer to the Demand (“Response”) within a period of fourteen (14) days to the Claimant as well as to Miles by (i) e-filing, (ii) email at arb@milesadr.com, or (iii) physical filing. Along with the Response, the Respondent must make a payment of $1500 towards Miles’ administrative and commencement fees, unless stipulated otherwise.
Time Period from the date of filing of Demand: Twenty-One (21) Business Days
Estimated Costs: $1500.00 per party.
| Appointment by Parties | Appointment by Miles |
| If the arbitrator/ arbitral tribunal from Miles’ panel has been mutually agreed upon by the parties, such arbitrator will be appointed to adjudicate the proceedings. Upon the arbitrator’s appointment, the case manager will send to the parties, for their review and confirmation: (i) The Disclosure of Arbitrator, and (ii) Engagement Agreement. Once the aforementioned is confirmed by the parties, the Demand and Response will be forwarded to the arbitral tribunal. |
If the parties have not agreed upon the arbitrator, Miles, upon acquiring relevant information and preferred qualifications of the appropriate arbitrator, will appoint an arbitrator from its panel. Subject to any objections to the appointment of the arbitrator, the case manager will send to the parties, for their review and confirmation: (i) The Disclosure of Arbitrator, and (ii) Engagement Agreement. Once the aforementioned is confirmed by the parties, the Demand and Response will be forwarded to the arbitral tribunal. |
Time Period from the date of filing of Demand: Thirty-One (31) Business Days
Estimated Costs: Parties may incur such charges by the arbitrator as are necessary to review the pleadings in the matter.
Once the arbitrator/ arbitral tribunal has reviewed the pleadings, and the arbitration agreement, the case manager will schedule an initial conference to set a schedule and timelines for further steps in the arbitration proceedings (“Initial Scheduling Conference”).
Along with the notice for Initial Scheduling Conference, the case manager will send the parties a document containing discussion points for the Initial Scheduling Conference, and a sample proposed scheduling order (“Scheduling Order”). Parties are strongly urged to confer in advance and be prepared to state their positions regarding the timelines for the scheduling order, as well as discussion points.
During the Initial Scheduling Conference, the parties shall discuss and complete their Scheduling Order, with directions from the arbitrator. Upon confirmation, the arbitrator will finalize and sign the Scheduling Order, for the parties’ consideration.
The case manager will calendar the hearing date and any other events or deadlines pertaining to the matter.
Time Period from the date of filing of Demand: Forty (40) Business Days
Estimated Costs: Parties may incur such charges by the arbitrator for time spent during the Initial Scheduling Conference and drafting of the Scheduling Order.
In accordance with the deadlines set in the Scheduling Order, parties shall exchange relevant documents, recordings, and all such other such discoverable information that is imperative to the matter.
Either party may file an application with the arbitrator by serving Miles at arb@milesadr.com seeking attendance of a witness/ compelling production of documents. The arbitrator shall accordingly subpoena such witnesses to attend depositions, hearings, or produce documents sought by parties.
Parties may also file dispositive motions challenging the jurisdiction of the arbitrator, the arbitrability of the subject matter, and the scope of arbitration agreement before the arbitral tribunal by serving Miles at arb@milesadr.com. The arbitrator, upon hearing the parties, shall pass such orders/ final award that it deems fit in accordance with the procedure as mentioned hereinafter.
Parties may also file applications seeking interim measures to protect the subject matter of the arbitration before the arbitral tribunal by serving Miles at arb@milesadr.com. The arbitrator, upon hearing the parties, shall pass such orders/ final award that it deems fit in accordance with the procedure as mentioned hereinafter.
Time Period from the date of filing of Demand: Forty-One (41) Business Days to One Hundred Fifty (150) Business Days
Estimated Costs: Parties may incur such charges by the arbitrator as are necessary to issue subpoenas, review and dispose dispositive motions, and review and dispose interlocutory applications.
Sixty (60) Business Days in advance of the final hearing, the case manager will inquire whether the parties are inclined to schedule a mediation to amicably settle the dispute.
If the parties mutually respond in affirmative, the case manager will appoint a mediator within a time seven (7) business days from the date of receipt of confirmation from all parties.
The case manager will calendar the dates for the mediation upon consultation with the mediator and all concerned parties.
The parties shall submit mediation briefs containing a brief description of the dispute, procedural history, and proposed solutions to the mediator by serving Miles at arb@milesadr.com, at least seven (7) business days prior to the hearing.
Time Period from the date of filing of Demand: One Hundred Fifty-One (151) Business Days to Two Hundred (200) Business Days
Estimated Costs: Parties may incur such charges by the mediator as are required to review briefs, documents, and mediating the matter.
If the parties are not agreeable to mediation, or if the mediation is not successful, not, the case manager will send out the notice for hearing containing the date, time, and location of the hearing.
Along with the notice of hearing, the case manager will request the parties to provide certain details for the effective administration of the arbitration hearing, especially if the same is being held at Miles.
Once the information has been provided by the parties, the case manager will generate an invoice containing the arbitrator’s time sheets, and an estimate of the cost of hearing. All arbitration invoices are “due upon receipt” and are in advance of the hearing date.
At least seven (7) business days prior to the arbitration hearing, parties shall electronically submit a compilation of exhibits that seek to rely upon during the hearing to arb@milesadr.com. Additionally, for records and reference, parties shall submit a physical copy of the exhibits to Miles.
Upon completion of the final hearing, the parties shall submit post-hearing briefs not exceeding seven (7) pages within fourteen (14) days of the completion of the hearing.
Time Period from the date of filing of Demand: Two Hundred and Eleven (211) Business Days to Two Hundred Forty (240) Business Days.
Estimated Costs: Parties may incur such charges by the arbitrator as is required to review briefs, documents, and conduct the arbitration hearing.
Procedures
Within thirty-one (31) days from the receipt of the post-hearing briefs, the arbitrator shall prepare and generate the final award.
Upon the finalization of the final award, the case manager shall briefly confer the matter to settle any remaining funds in the matter.
Once the funds have been settled between the parties and Miles, the case manager shall send the final award to the parties.
Corrections, if any, to the final award shall be raised within seven (7) business days from the receipt of the final award.
Time Period from the date of filing of Demand: Two Hundred Forty (240) Business Days.
Estimated Costs: Parties may incur such charges by the arbitrator as is required to prepare the final award and make corrections, if any.
The Claimant must file a demand for arbitration (“Demand”) readily available on https://milesadr.com/demand-for-arbitration/ through: (i) e-filing, (ii) email at arb@milesadr.com, or (iii) physical filing.
Upon receipt of the Demand, a case manager will be assigned to the matter to coordinate with the parties and the arbitrator/ arbitral tribunal.
Upon being served with the Demand, the Respondent must serve its answer to the Demand (“Response”) within a period of seven (7) days to the Claimant as well as to Miles by (i) e-filing, (ii) email at arb@milesadr.com, or (iii) physical filing.
Time Period from the date of filing of Demand: Ten (10) Business Days
| Appointment by Parties | Appointment by Miles |
| If the arbitrator/ arbitral tribunal from Miles’ panel has been mutually agreed upon by the parties, such arbitrator will be appointed to adjudicate the proceedings. | If the parties have not agreed upon the arbitrator, Miles within three (3) business days from the receipt of Response, will appoint an arbitrator from its panel. Subject to any objections to the appointment of the arbitrator, the case manager will send to the parties, for their review and confirmation: (i) The Disclosure of Arbitrator, and (ii) Engagement Agreement. Once the aforementioned is confirmed by the parties, the Demand and Answer will be forwarded to the arbitral tribunal. |
Time Period from the date of filing of Demand: Thirteen (13) Business Days
Once the arbitrator has been appointed, the case manager will schedule an initial conference to set a schedule, timelines, and method for conducting the expedited arbitration proceedings. (“Preliminary Conference”).
During the Preliminary Conference, the arbitrator shall complete the procedural order after conferring with the parties and finalize the schedule for the expedited arbitration proceedings.
Time Period from the date of filing of Demand: Sixteen (16) Business Days
At least seven (7) business days prior to the arbitration oral hearing, the parties shall serve upon each other a list of witnesses and copies of exhibits that the parties intend to rely upon and submit at the oral hearing. Simultaneously, parties will serve an electronic copy of the list of witnesses and copies of exhibits that they seek to rely upon and submit during the hearing to Miles at arb@milesadr.com.
Time Period from the date of filing of Demand: Twenty-Three (23) Business Days
| Documentary | Oral |
| Parties shall submit relevant pleadings, brief written submissions, and relevant documentation and exhibits, in accordance with the timelines established in the procedural order. | Parties shall be given the opportunity to submit evidence, and present oral arguments. No hearing shall exceed more than one (1) business day unless warranted. If the arbitrator in its sole discretion deems it necessary, it may conduct another hearing within five (5) business days of the conclusion of the first hearing. |
Time Period from the date of filing of Demand: Twenty-Four (24) Business Days
Within twenty-one (21) days from the conclusion of either documentary submissions or oral submissions, the arbitrator shall prepare and generate the final award.
Upon the finalization of the final award, the case manager shall briefly confer the matter to settle any remaining funds in the matter.
Once the funds have been settled between the parties and Miles, the case manager shall send the final award to the parties.
Corrections, if any, to the final award shall be raised within seven (7) business days from the receipt of the final award.
Time Period from the date of filing of Demand: Forty-Five (45) Business Days