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    Diploma in Advanced Contract Drafting, Negotiation and Dispute Resolution

    BY
    LawSikho

    Learn strategic contract drafting skills with a Diploma in Advanced Contract Drafting, Negotiation and Dispute Resolution certification by LawSikho

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    Mode

    Online

    Duration

    12 Months

    Fees

    ₹ 53000

    Quick Facts

    particular details
    Medium of instructions English
    Mode of learning Self study, Virtual Classroom
    Mode of Delivery Video and Text Based
    Frequency of Classes Weekdays, Weekends
    Learning efforts 8-10 Hours Per Week

    Course overview

    The Diploma in Advanced Contract Drafting, Negotiation and Dispute Resolution certification course duration is 12 months. Students will comprehensively understand drafting, negotiating, and reviewing high-value commercial contracts. The course equips law students, lawyers, dispute resolution lawyers, decision-makers, entrepreneurs, executive directors and officers with the required skills and knowledge to excel in this field. 

    The certification course offers an extensive curriculum that includes orientation and tools for effective contract drafting, introduction to contract parts and introductory clauses, and contract negotiation. The Diploma in Advanced Contract Drafting, Negotiation and Dispute Resolution certification by LawSikho provides hands-on experience in drafting 100 types of commercial contracts with the help of industry experts.

    Also Read: Online Commercial Law Courses & Certifications

    The highlights

    • 12 Months Online Course
    • 15+ hours of Personalised Coaching
    • 15+ Hours of Freelancing Career Training
    • 90+ Hours of Live Practical Sessions with Industry Experts
    • 200+ Hours of Simulation Oriented Practice Through Assignments

    Program offerings

    • 10 writing assignments
    • 2 practical/drafting exercises
    • 1 online live class per week
    • Doubt clearing on whatsapp
    • Lms & classes
    • Networking with students & alumni
    • Cv enhancement
    • Top performers reference for jobs
    • Content access for 3 years

    Course and certificate fees

    Fees information
    ₹ 53,000

    Diploma in Advanced Contract Drafting, Negotiation and Dispute Resolution Certification Fee Structure

    Certification Course 

    Fees 

    Diploma in Advanced Contract Drafting, Negotiation and Dispute Resolution

    Rs 53,000

    Diploma in Advanced Contract Drafting, Negotiation and Dispute Resolution (Master Access) 

    Rs 2,00,000

    Diploma in Advanced Contract Drafting, Negotiation and Dispute Resolution (EMI)

    Rs 3,000 Per Month 

    certificate availability

    Yes

    certificate providing authority

    National Skill Development Corporation +1 more

    Who it is for

    Lawyer Entrepreneur Corporate lawyer

    This certification course is designed for aspiring lawyers, and working professionals litigators to enhance their skills and knowledge. This course is also beneficial for:

    Eligibility criteria

    Certification Qualifying Details

    Students are required to complete all the assignments. The certificate will be dispatched to the student's address by courier within 45 days of course completion. The students will get a certificate cobranded by NSDC and Skill India.

    What you will learn

    The Participants will gain a deep knowledge of drafting and negotiation of high-value commercial contracts and their technical and commercial aspects. After completing the Diploma in Advanced Contract Drafting, Negotiation and Dispute Resolution certification syllabus, they will also learn drafting clauses, review contracts and create negotiation strategies. Students will also learn how to negotiate government contracts.

    The course also offers students in-depth knowledge of analysing the risk of any contracts and trains them to understand the client's requirements and draft as per their needs. Upon completing the Diploma in Advanced Contract Drafting, Negotiation and Dispute Resolution training, the student will enforce contracts and learn damage calculation for contract breach. Students will also explore AI software.

    The syllabus

    Orientation and Tools for Effective Contract Drafting

    • General Principles of Contract Law

    Introduction to Parts of Contract and Introductory Clauses

    Introduction to Parts of a Contract
    • Introductory - factual and interpretation clauses
    • Operative clauses
    • Boilerplate clauses
    • Annexures or schedules
    • How to ensure that your document is adequately customized to the situation and does not look like a copy-pasted version from another document?
    • The Definitive Contract Checklist
    Title, Recitals And Definitions Clauses
    • Takeaway: The Definitive Contract Checklist
    • Takeaway: Sample: Information Requisition Form

    Operative Clauses of a Contract

    Representations and Warranties clauses and covenants
    • How to draft a representations and warranties clause
    • Time of making the representations and warranties
    • Consequences of false representations and warranties
    Conditions precedent, conditions subsequent and completion
    How to draft obligations and payment clauses in any contract
    • How to draft payment related clauses and increment clauses
    • How to handle situations of default in payment
    • Clauses reflecting consideration (reciprocal promises of performing obligations and payment)
    Term, termination, renewal and survival clauses
    • Termination on expiry of term, for convenience, for change of control, death or disability, insolvency, termination for cause and termination upon force majeure events;
    • Renewal by mutual agreement, renewal by notice of one party, automatic renewal
    • Survival clauses
    Confidentiality, non-compete, non-solicit and exclusivity clauses

    How to Draft Risk Mitigation and Boilerplate Clauses

    Assignment and change of control clauses
    • Effect of assignment, anti assignment provisions
    • Change of control
    • Assignment of intellectual property and insurance policies
    Waiver, variation and severability clauses
    • No waiver clauses
    • How to draft a written waiver pursuant to a no waiver clause
    • How to draft a variation clause
    Indemnity and limitation of liability clauses
    • Indemnity arising from breach of representation or warranty
    • Indemnification against the effects of a party’s own defaults
    • Third party infringement claims and litigation owing to intellectual property violations
    • Pointers for drafting an effective indemnity clause
    • Indemnity Vs. Guarantee
    Notice and communication clauses
    • Different types of notices
    • Key points to consider while drafting a notice clause
    • When is the notice considered delivered
    • Consequences of erroneous drafting of notice clause
    Governing Law, Jurisdiction, Dispute Resolution and Arbitration
    • Why is it necessary to specify governing law?
    • Arbitration and staggered arbitration clauses for dispute resolution
    • Ad-hoc Vs. Institutional Arbitration
    • How to draft an effective arbitration clause?
    • Takeaway: Checklist for drafting an effective indemnity clause

    Contract Breach and Execution

    Contract Breach and Execution
    • Breach of representations and warranties
    • Breach of covenants
    • Breach of any other obligations by a party
    • Breach of payment
    • Remedies for breach - rescission, specific performance, injunction
    • Types of damages - compensatory, punitive, nominal, liquidated damages
    • Things to keep in mind while drafting clauses related to breach
    • Difference between breach and indemnity claim
    Execution of contracts
    Legal requirements for validity and enforcement
    • Stamp duty and how to calculate stamp duty
    • Registration
    • Attestation
    • Notarisation
    • What is an apostille
    Does stamp paper expire? What is the validity of agreements on old stamp paper?
    Understanding electronic contracts and digital signatures
    Online contracts and terms of service

    Contract Negotiation

    Common negotiation techniques and pitfalls
    • Avoid unclear terms and undefined projects
    • Cultivate a perception of value and desirability
    • Have respect for yourself and show respect for the other side
    • Do not make unconditional concessions
    • Be willing to walk away
    • How to use the weight of a large institution to obtain what you want
    • How to negotiate with an institution which has multiple stakeholders
    Hostage negotiation techniques and pitfalls
    • Tactical empathy and ‘that’s right’ approach
    • Calibrated questions
    • Mirroring
    • Labelling
    • Neutralise the negative
    • Beware the Yes, master the No
    • Find the black swans
    • Bargain hard to get the right price
    Negotiation case studies
    • AT&T and iPhone
    • Apple Books and Harper Collins
    • Pixar and Disney
    • Gorilla Glass

    General Contracts

    • Confidentiality and Non-Disclosure Agreement/ Non-Circumvention
    • Heads of Terms/Letter of Intent/Term Sheets
    • Exclusivity and Lock Out Agreement
    • Commission Agreement
    • Finder’s Fee Agreement
    • Memorandum of Understanding
    • Non-Circumvention and Fee Protection Agreement
    • Test and Evaluation Licence Agreement
    • Interim Services Agreement
    • Event Management Contract

    Commecial Agreements

    • Manufacturing Agreement
    • Venue Hire Agreement
    • Terms and Conditions Agreement
    • Representation/Agency Agreement
    • Marketing Agreement
    • Provision of Services Agreement
    • Distribution Contract
    • Consultancy Agreement
    • Management Agreement

    Corporate Contracts

    • Co-Founders Agreement
    • Partnership Agreement
    • Limited Liability Partnership Agreement
    • Articles of Association of a Company
    • Business Transfer Agreement
    • Share Purchase/Sale Agreement
    • Business / Asset Sale Agreement
    • Joint Venture Agreement
    • Shareholders Agreement
    • Share Subscription Agreement
    • Employment/Service Agreement
    • Trust Deed

    Lending and Security Documents

    • Single Bank Loan Agreement
    • APLMA Syndicate Loan Agreement
    • Mortgage Deed
    • Deed of Hypothecation
    • Pledge Agreement
    • Corporate Guarantee and Promoter Company Guarantee
    • Net-worth certificate from a CA
    • Non-Disposal Undertaking
    • Parent Company Comfort Letter
    • Inter-corporate loan agreement
    • Loan Payment/Settlement Agreement/ No Dues Certificate

    Intellectual Property Agreements

    • IP License
    • Technology Transfer Agreement
    • Franchising Agreement
    • Event Merchandising Agreement
    • Inventions Agreement
    • IP Assignment Agreement
    • Content license agreement
    • Work-made-for-hire agreement
    • E-book publishing agreement
    • Electronic Publishing Agreement
    • Music license agreement
    • Video game Trademark License Agreement: Internet Use
    • Research and Development Agreement
    • Hospitality Rights Agreement
    • Music Adaptation Agreement
    • Music Synchronisation Agreement

    Common Internet and Technology Contracts

    • API and the law
    • Analysis of conditions for use of API by Facebook, Amazon and Paytm
    • Privacy Policies
    • Terms of Services for Websites and Platforms
    • Click-Wrap End User License (EULA)
    • Cloud Computing Agreements
    • Standard Distributor License clause
    • Master Services Agreement
    • Statement of Work
    • Service Level Agreement (SLA)
    • Technology Transfer Agreement
    • Software development Agreement
    • Domain Name Assignment or Domain Name Transfer and Settlement Agreement
    • Affiliate Agreement
    • Software/Hardware Sale and Purchase Agreement
    • Hosting services and video networks such as AWS, Dropbox, and Vimeo
    • Content-related terms for user-generated content
    • E-commerce sites
    • Social media networks
    • Children’s website and terms of use
    • Limitations to online execution of documents and common workarounds
      • Responsibilities of parties, Statements of Work, change orders and new assignments
      • Performance metrics and Service Levels
      • Consequence of incomplete work or sub-par performance levels
      • Invoicing and payment
      • Escrow mechanisms
      • Dispute settlement - Arbitration, Choice of Law and Jurisdiction
    • Digital and electronic signatures (e.g. e-Mudhra, Docusign)
    • AEPS and UPI-based payments
    • Limitations to online stamping
    • Use of online apps
    • Key types of technology contracts
      • Software License and Ownership Agreements
      • IT Services Agreements
      • Cloud Services Agreements
      • Combination Agreements
    • Operative clauses in a technology contract
      • Responsibilities of parties, Statements of Work, change orders and new assignments
      • Performance metrics and Service Levels
      • Consequence of incomplete work or sub-par performance levels
      • Invoicing and payment
      • Escrow mechanisms

    E-Commerce Contracts

    • E-Commerce Website Development and Services Agreement
    • Order Fulfilment Agreement
    • Terms and Conditions of Use for a Product Website
    • Terms and Conditions of Sale
    • Subscription Services Agreement
    • Software Maintenance and Support Services Agreement
    • Web Development/Hosting
    • Website Materials
    • Advertising Terms and Conditions/Agreement
    • Affiliate Program Services Agreement
    • Promotion Agreement
    • Data Processor/Processing Contract Letter
    • Website Content Provision Contract
    • Net Brand Development and Management
    • Internet Services Agreement
    • Website design consultation agreement
    • Host-licence and distribution agreement
    • Internet banking services agreement

    Contract Related Documents

    • Variation/Amendment Agreements
    • Termination Agreement
    • Side Letters
    • Deed of Releases/Contract Cancellation
    • Deed of Nomineeship /Trust
    • Post Incorporation Contract Adoption
    • Deed of Gift
    • Powers of Attorney
    • Deed of Assignment
    • Deed of Novation
    • Parent Company Letters of Comfort

    Dispute Resolution, Enforcement and Litigation Strategy

    Arbitration strategies and concepts
    • Arbitrability of disputes
    • How to initiate arbitration proceedings
    • How to appoint arbitrators
    • How to challenge appointment of arbitrators
    • Grounds for challenging validity of arbitration agreement
    • Powers of the arbitral tribunal
    • Stages at which court intervention is likely
    • Interim relief strategies
    How to draft a statement of claims and statement of defense
    Key changes introduced by 2015 amendment to arbitration law
    International Commercial Arbitration
    • Seat vs. Venue
    • Choice of different jurisdictions
    • International commercial arbitration vs. foreign awards
    • Exclusion of oral hearings and other expedited arbitration procedures
    • Pros and cons of institutional arbitration and how and when to select an arbitral institution
    • Why and when to use anti-suit injunctions
    • Enforcement and Challenge of Awards
    • ICC Rules vs. Indian Council of Arbitration Rules
    • Pre-dispute negotiation
    • Why conciliation is preferable to mediation in India
    • Contract-based mediation vs. Court annexed mediation
    • Case study of Delhi High Court Mediation Rules
    • When to use expert determination
    • Most common defenses to breach - Force Majeure, Frustration, Material Adverse Change
    Third-party rights’ infringements
    • Handout: Arbitration-related documents
    • Handout: -Notice of Arbitration
    • Handout: Statement of Claims
    • Handout: Statement of Defence
    • Handout: Application for interim relief from court (under Section 9)
    • Handout: Application for interim measures from arbitral tribunal (under Section 17)
    • Handout: Appeal against interim award
    • Handout: Application for appointment of arbitrator
    • Handout: Application to set aside an arbitral award
    • Handout: Execution petition for enforcement of arbitral award
    • Handout: Civil suit-related documents
    • Handout: -Plaint in a suit for damages
    • Handout: Application for temporary injunction
    • Handout: Application for specific relief
    • Handout: Application for permanent injunction

    Document Design and Structure

    • State the general principles of drafting and the relevant substantive rules.
    • Identify the types of drafting and conveyancing relating to various deeds and agreements.
    • Select the software appropriate for the task.
    • State the principles of legal writing & paraphrasing
    • Identify precedents to ensure consistency of design and layout.
    • Identify the various sources for accessing analytical, logical and investigative articles, reviews and dissertations on current legal issues and amendments.

    Development of Legal Documents

    • Describe the functions and particulars of pleading, signing and verification.
    • Describe the process of civil and criminal pleading.
    • Prepare legal documents by modified approved existing precedent documents.
    • Interpret information from dictated notes, notes provided and audio recordings and use as instructed.
    • Use a range of advanced software functions to ensure accurate completion of the task.
    • Perform proofreading of documents for accuracy of content and consistency of layout and style.
    • Perform printing of documents, back-up copies, save and store the document in the appropriate folder.

    Admission details

    To join the Diploma in Advanced Contract Drafting, Negotiation and Dispute Resolution classes, below we have mentioned the following steps for the students to follow: 

    Step 1: Browse the link mentioned below:

    https://lawsikho.com/course/diploma-advanced-contract-drafting-negotiation-dispute-resolution

    Step 2: Participants must click on the “Enroll Now” button, fill in the necessary information and click on the “Submit” button.

    Evaluation process

    The test for participants will be conducted on an online portal, and students can attempt it at their convenience. The online MCQ is conducted through the Learning Management System. Students can log in using their computer and complete the test in one sitting.

    How it helps

    The Diploma in Advanced Contract Drafting, Negotiation and Dispute Resolution certification benefits include:

    • The course offers in-depth knowledge of advanced contract drafting, negotiation, dispute resolution and other aspects related to it.  
    • The certification course offers 2 practical or drafting exercises per week, 10 writing assignments, and 1 online live class per week. 
    • They will receive Instructor feedback on assignments and have the option to clear their doubts on WhatsApp, LMS & classes
    • Students will also get coaching for professional networking and alumni networking. 
    • They will also get access to updated content online for 3 years on LMS content, and Android and iOS apps.
    • Top performers will also get the opportunity to get recommendations for jobs and client opportunities.

    FAQs

    What is the duration of the Diploma in Advanced Contract Drafting, Negotiation and Dispute Resolution training?

    The certification course duration is 12 months. The Students gain hands-on experience in drafting 100 types of most common commercial contracts, reviewing contracts and drafting clauses.

    Who can enrol for the Diploma in Advanced Contract Drafting, Negotiation and Dispute Resolution online course?

    The course can be enrolled by the aspirants who have completed the Higher Secondary, Class XII from a recognised Board or University. In the case of foreign nationals, they must complete the equivalent of Higher Secondary in India in their respective country.

    Who are the potential clients or employers for the Diploma in Advanced Contract Drafting, Negotiation and Dispute Resolution certification course?

    Corporate Legal Departments, Law Firms, Government, Startups, Financial Institutions, Technology, Healthcare and Pharmaceutical Companies, Entertainment and Media Companies, Consulting Firms, and Freelance and Independent Contract Drafters are the potential clients for this course.

    What is the minimum attendance required to pass the Diploma in Advanced Contract Drafting, Negotiation and Dispute Resolution online course?

    It is optional to maintain a minimum attendance. As the classes are conducted online, it is recommended that aspirants attend the class, conducted weekly once for 1.5 to 3 hours.

    Who can pursue the Diploma in Advanced Contract Drafting, Negotiation and Dispute Resolution certification course?

    The course can be taken by Decision Makers, Entrepreneurs, Executive Directors, Lawyer, Law Students, and Dispute Resolution Lawyers.

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