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Courses For Remote International Work 
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Diploma in International Contract Negotiation, Drafting and Enforcement (US)
Duration - 6 Month, 6-8 hrs/week
Course fee: - USD 900
Key Highlights
This course allows you to understand International Legal Framework. You will be introduced to the legal principles and regulations governing international contracts, including international trade laws, international conventions, and treaties.
Regardless of your level of expertise and experience, this course will help you explore the basic elements of a contract in an international setting. Identifying and analysing essential contract clauses in international agreements.
This course will also help you examine the principles of jurisdiction and choice of law in international contracts, including the application of conflict of laws rules and the significance of international arbitration.
One of the unique features of this course is that it recognizes and addresses communication styles, and business practices that may impact contract negotiations and drafting when dealing with international parties.
By the end of the course, you will be proficient in useful techniques for drafting clear, concise, and enforceable international contracts, including the effective use of defined terms, precise language, and avoiding ambiguous or conflicting provisions.
This course offers you knowledge of risk management and contractual protections such as understanding risk allocation, liability limitations, indemnification clauses, insurance provisions, and other mechanisms to mitigate potential risks in international transactions.
Introduction
Imagine grabbing incredible opportunities to work with clients from all around the world. You might think you need loads of experience, but guess what? You can dive right in today!
Now, you might be wondering, 'Can I help clients with foreign laws even if I'm not certified there?' Great question! Let's explore giving valuable advice while staying within the rules.
Enforcement matters, big time. It's not just for the legal pros; it shapes the success of your law business. Let's unpack why enforcement is a game-changer.
Are you ready to take your law business global? Let's uncover why expanding internationally is a total win.
No waiting necessary! This is your moment to grow your law business beyond borders!
Imagine this: the global legal market is worth a staggering $800 billion. Just in the US alone, the legal industry rakes in around $300 billion. Now, picture India, with a legal sector valued at only $2 billion currently.
But here's the exciting part. This scenario presents us with an amazing chance to go beyond India and serve clients worldwide, not just locally.
And guess what? Even if you focus on the mighty US market, which is substantial, it's still only half of the entire global market.
With the world embracing remote work and communication, there's no better time to step into the international arena. Countless opportunities await!
Why Does Enforcement Matters?
Imagine making a deal with someone, but they don't hold up their end. What's your move? This is where enforcement steps in – ensuring promises are kept and conflicts are fairly resolved.
Back in 2019, the World Bank checked how countries handle these situations. They wanted to see how quickly business disputes are resolved.
Guess who aced it? Singapore! They're like the superheroes of keeping promises. But India didn't fare well and landed at a not-so-great 163rd place.
This tells us that having solid ways to make sure agreements are honored is like having a strong referee in the game. It keeps things fair and helps everyone stick to the rules.
Running a business, especially across borders, isn't just about having a piece of paper saying you made a deal or a court decree in your favor. The real deal is making sure the agreement or court decision is put into action. If that doesn't happen, it doesn't matter that you had an agreement or a legal victory.
In 2020, UK-based Cairn Energy Plc secured a major legal win against the Government of India over taxes. An important group, the International Arbitration Tribunal, ruled that India owed Cairn $1.4 billion. This was because India had imposed extra taxes on Cairn's business, which Cairn found unfair.
Anticipating resistance, Cairn took action even before India could object. They approached courts in nine different countries to ensure the decision was enforced. And guess what? Five of those countries said, 'Yes, India, you have to pay up!'
Now, here's the intriguing part.
With those 'yes' responses, Cairn gained the right to claim valuable assets owned by the Indian government in those countries. This could be sold to recover the money India was supposed to pay – like taking something valuable from a friend if they don't return borrowed items.
To sum up: Cairn Energy Plc emerged victorious against the Indian government and is determined to actually receive the money they rightfully earned. They're achieving this by leveraging laws and regulations across different countries.
Think of it as a global game of legal chess!
This underscores the urgency of taking swift action to ensure you genuinely receive what you've rightfully earned from a successful outcome.
Why did we create this course?
Have you ever wondered how businesses around the world work together? Imagine being the go-to expert who guides them on creating and enforcing contracts that span across borders. That's where our course comes in!
We saw a gap between what entrepreneurs and businesses need from legal experts when it comes to international contracts and what resources were available. So, we decided to bridge that gap and create a course that gives you the knowledge and skills to shine in this exciting field.
With remote work becoming the norm, businesses are collaborating across countries more than ever. This means tons of international contracts are being drawn up. And guess what? Our course isn't just about teaching you how to draft these contracts – it's also about showing you how to make sure they actually hold up.
In this course, we're going to help you master the art of dealing with contracts across different countries. We'll teach you how to negotiate, write, and make sure those agreements are followed, using the legal systems of each country. Plus, we'll show you how international arbitration can be a powerful tool in commercial disputes. Get ready to level up your contract skills
Come along on a fun learning adventure! Get ready to dive into the exciting realm of Diploma in International Contract Negotiation, Drafting and Enforcement
Who should take this course?
- If you're a lawyer who loves solving legal puzzles across borders and want to master international contract writing and enforcement, this course is for you.
- Law students and lawyers aiming to dive into the world of global contract creation and enforcement, including the exciting realm of international commercial arbitration, will find this course valuable.
- If you're curious about how to make smart plans for making sure contracts work smoothly across different countries, this course has got you covered.
- Law students and lawyers looking to earn extra income by helping out foreign law firms or assisting international lawyers in drafting and enforcing international contracts can gain crucial skills from this course.
- In-house legal experts working for big global companies will discover strategies to tackle international contract challenges and create contracts that really work.
- If you're a law student dreaming of landing a job in big multinational corporations, this course can give you a competitive edge.
- Legal professionals like lawyers, chartered accountants, and company secretaries who guide companies and startups stepping into the international arena will find essential insights in this course.
What will you learn from this course?
Understanding Legal Systems
We'll explore different types of legal systems in various countries and their unique features. This knowledge will help us create contracts that work effectively in these countries.
Crafting Effective Notices
We'll learn how to write notices for various situations like default, breach of contract, and starting arbitration. This is essential for international contracts.
Navigating Court Systems
We'll dive into the court systems and case management in several countries, such as Singapore, the US, UK, Dubai, Hong Kong, Canada, Japan, Brazil, and the Netherlands.
Resolving International Conflicts
We'll address conflicts that arise between organizations from different countries and within multinational companies.
Mastering Negotiation Techniques
Learn different negotiation methods and how to use them while creating contracts. Negotiation can also be a way to resolve disputes.
Understanding Mediation and Conciliation
We'll explore how international mediation and conciliation work, which can be crucial in resolving disputes.
The Anatomy of Contracts
We'll break down the essential parts of a contract, especially for those involving multiple countries. Knowing these key parts is crucial during disputes.
International Commercial Arbitration
Understand the ins and outs of international commercial arbitration. This includes dealing with both Indian and foreign aspects of such arbitration.
Choosing Arbitration Rules
Learn how to select the right arbitration rules when dealing with international parties.
Drafting Arbitration Clauses
We'll delve into creating arbitration clauses for international commercial arbitration in contracts spanning multiple countries.
Picking the Right Arbitration Institution
Understand the implications of choosing the law of countries like Singapore, the UK, the US, Canada, and India as the governing law for your international contracts.
Expert Contract Advice
Learn how to review the contract laws of any country to provide the best advice to clients regarding suitable governing laws.
Preparing for Arbitration
We'll learn how to draft a Statement of Claim and a Statement of Defence for international commercial arbitration.
Anti-Arbitration Injunctions
Explore how to obtain anti-arbitration injunctions in several countries, including Singapore, the UK, the US, Canada, and India.
Challenging Arbitration Awards
We'll understand the process of initiating proceedings to challenge or set aside an arbitration award in different countries
Training Methodology
Online 24/7 access
Access to basic study material through online learning management system, Android and iOS app. Recordings of all classroom sessions will be available.
Hard Copy Study Material
Hard copy study material modules to be couriered to your address in India.
Practical Exercises
2 practical exercises every week, followed by written feedback
Live Online Classes
There will be a live video-based online class to teach you specific contract negotiation, drafting and enforcement work performed by lawyers.
Convenient Class timings
Classes are held after regular work hours. Typically classes are kept on Sunday afternoon or 8-9 pm on other days.
Live Doubt Clearing
You can ask questions in class, or on the learning management system when you read a chapter. You can also schedule a one-on-one session with evaluators to perform exercises or write articles.
Who will be your potential clients / employers
- Big Global Players: Multinational companies would love to have you on their team. You'll be the secret weapon in negotiating and creating contracts that work across borders, making your resume shine like a supernova when you apply for in-house positions.
- Ambitious Startups: A startup with big dreams, wanting to take their ideas beyond their home turf. They'd gladly hire you as a consultant to guide them on the tricky path of drafting international contracts and understanding the legal rules in new countries.
- Glam World: Celebrities, sports stars, and global media companies entering international deals can't do it without your expertise. They need someone who knows how to make sure contracts hold up across borders, and that someone is you!
- Arbitration: Arbitration institutions are searching for smart minds like yours. Your insights into international contract drafting are like gold for them, and they'd love to have you join their team.
- Cross-Border Transactions: Corporate lawyers aiming to create seamless transactions across countries will want you in their corner. You're the bridge between legal worlds, and that's an invaluable skill.
What kind of recruitment and placement support will I get?
We are the only organisation in India with such a comprehensive and exercise-based training methodology for courses. Many employers, law firms and companies are happy to recruit our high performing students.
If you do well in your exercises and classes, we can help you to get jobs, internships and assessment internships in good law firms, with renowned lawyers as well as in various companies.
We believe in empowering our learners not just with knowledge and skills, but also with real-world opportunities. That's why we have a dedicated team in place to support you with placements, internships, and freelance opportunities.
Our placement team has a proven track record of success. Between April 2021 and June 2023, we have helped over 21000 students secure job and internship opportunities. Our achievements have been recognized by leading media outlets, including The Hindu, Business World, and India Education Diary.
We are proud to say that total value of work secured amounts to over Rs. 2.7 Crore or USD 3,30,000 by Skill Arbitrage for its students. Our Student has record of securing Highest Domestic Earning of INR 30 LPA. (USD 37,500) & International INR 50 LPA (USD 62,500)
From the moment you enroll in our course, our placement team will be by your side. They will help you set goals and identify actionable steps to achieve them. Our support includes exercises to create a standout CV, mock interviews to enhance your confidence, and valuable assistance during your critical first month at an internship or job.
We have established collaborations with numerous recruiters who trust and prefer to hire through our platform. They recognize the caliber of our students and the comprehensive training they receive. By aligning with us, you gain an advantage in the job market and open doors to exciting career prospects.
What is unique about this course?
- Here, Empowerment with invaluable skills in negotiation, crafting, and ensuring the success of international contracts. Whether you're a student eager to learn, a law graduate seeking a competitive edge, or a working professional aiming to advance your career, this course is designed for you.
- By the end of this course, you can expect to have secured enough skills to be able to effectively advise startups or multinational companies on drafting their international contracts so as to ensure appropriate enforcement.
- By the end of this course, you will be able to learn how to draft various notices such as notice of breach, notice of commencement of arbitration, notice of waiver, notice of renewal etc. for international contracts. This skill is not being taught in any contract drafting course available for international contracts.
- This course is designed to be dynamic and immersive. To earn your well-deserved certificate, all you need to do is successfully finish the set of assignments we provide. Imagine honing your skills for just 4-5 hours a week – that's less time than a favorite TV show! And remember, these assignments are your key to unlocking the full potential of the course, which is already packed with awesome classes.
- You will have interactive classes with high-quality discussions which will be taken by the experts of this course. You can get all the doubts resolved in the classes or even outside the classes through course groups and email.
- You will get personal attention and coaching from our trainers who will be assigned to you, and have access to a dedicated course anchor who will help you with submissions or any guidance or issues you may have as you progress through the course.
- You will receive in-line feedback for the assignments you submit, which will improve your performance to a significant extent.
- You will be trained in writing for six writing assignments during the term of the course and if these are of publishable quality, these shall be published on the iPleaders blog which sees a footfall of more than a million visitors a month.
How is this course better than other online courses on International Contract Negotiation?
Specific learning objectives
- Learn how to guide clients about the legal systems of different countries, how to find out the features of the legal system of any country and what resources you would rely on for this purpose.
- Learn about what kind of disputes can arise in international contracts and the preferred dispute resolution methods and draft contracts accordingly
- Learn how to advise clients about the enforcement environment in a country - the courts system and availability of courts for commercial litigation in Singapore, US, UK, Dubai, Hong Kong, Canada, Japan, Brazil and the Netherlands.
- Learn about what information you should secure and confirm with the clients before drafting international contracts
- Learn how to draft operative clauses in cross border contracts
- Learn how to advise clients on the appropriate governing law for international contracts
- Learn how to perform a conflict assessment and draft a report covering important points for a mediation
- Learn how to frame negotiation strategies for a client in international disputes
- Learn how to draft a settlement agreement for international mediations
- Learn what you need to consider in order to ensure enforceability of contracts in different jurisdictions and advise a client accordingly
- Learn how to draft ten important contracts which are used across the world
- Learn how to draft different types of notices and letters required for international contracts
- Learn how to brief offshore counsel with respect to arbitration proceedings
- Learn how to choose an appropriate arbitral institution for institutional arbitration
- Learn how to draft an arbitration clause for international commercial arbitration
- Learn the implications of choosing laws of Singapore, UK, US, Canada and India as governing law for a contract and advise a client on appropriate choice of law
- Learn how to draft a statement of claim and statement of defence for international commercial arbitration
- Learn how to quantify damages for the breach of contract and ask for appropriate reliefs
- Learn how to advise a client on challenging enforcement of foreign awards in India
What kind of assignments will you get?
- Review a contract for export of certain products. Identify which clauses of the contract will be subject to treaties and conventions and will be different from a contract within a country. Also identify the different types of disputes that may arise from the contract.
- In furtherance of entering into an sole selling agency agreement with a builder, a local estate agent has approached you for the purpose of determining the right type of dispute resolution mechanism for matters occurring out of such contracts.
- A Regional Director in a multinational corporation is facing consistent issues between two teams under him located in different countries. Both the team heads are constantly attempting to show each other down and ‘one-up’ each other. Perform a conflict assessment for the organization, in order to aid a mediation, determining the following:
- Who are the relevant stakeholders?
- What are their substantive interests?
- What do they disagree on?
- Will a consensus building approach be feasible here?
- Wantaas Private Limited, an Indian startup working on sharing news in short entertaining videos is looking to enter into the US market. However, the management has asked you, as the general counsel, to create a report highlighting to it the contract enforcement mechanisms and environment available in the US before it goes ahead and enters into any business transaction with any entities in the US. Make a presentation about the contract enforcement environment and mechanism in the US for your board.
- Draft obligations and payment clauses considering various payment mechanisms as well as confidentiality and non-compete clauses for an Indian artifacts entity looking to engage a distributor in the UAE to distribute and showcase their products in the UAE.
- A local competitor in the Japanese market has sprung up and is denting the sales of your client’s product. He was your client for the product for 6 months. This competitor has chosen a similar sounding name and color scheme, but in Japanese it’s written differently. He also hired one of your consultants, in breach of a non-compete clause, to make his website. There was an arbitration clause in the contract. What actions can you take to stop this?
- Your client, who is selling electric automobiles (like Tata or Mahindra) will open offices in Singapore, Dubai, US and UK in the next 18 months. Before they incur any expense and brief a local lawyer or consultant, they want your preliminary advice on a few key issues:
- A common neutral seat for international arbitration for local partners and distributors in all those states
- Enforceability of arbitral awards in those states against local partners
- A client from the Netherlands has requested an online arbitration agreement to be drafted for a prospective iOS and Android app developer for an e-commerce app. Draft the agreement and mention the choice of ODR rules/ e-arbitration service [The seat in online arbitrations is often mutually agreed by the parties by way of agreeing to the terms and conditions of the e-arbitration service. For e.g If you use SAMA, the seat of arbitration would be Mumbai, India, unless otherwise agreed by the parties]
- Your client, A, is a construction company which undertakes projects internationally, in collaboration with government agencies and peers. A agreed to enter into a construction contract, containing an arbitration clause, with the government of Lesotho for the purpose of building a flyover. Due to the pandemic, the country faced an extreme financial crisis which resulted in default of payment of installments to A. Draft a notice of commencement of arbitration on behalf of A.
- Raajbhog Restaurants LLC, a US based chain of Indian restaurants is now looking to extend its franchise to the UK. It has a significant supplier in India, who exports the authentic Indian spices to US and the food is prepared in accordance with the original recipes developed by Raajbhog. A Franchisee in the UK is ready to enter into an agreement with Raajbhog, however, the mandate is that the franchisee will have to use the supplier in India and prepare the food according to the recipes provided by Raajbhog in order to maintain the taste standards. Which governing law should the parties choose, since all three of them are based in different countries?
- The legal counsel of your client, a civil works company, which is incorporated in India, but managed from Singapore has approached you to determine whether the provisions of international commercial arbitration would be applicable in the case of their dispute with a government company which had given them a construction contract. Draft a legal opinion answering specific questions and concerns from the legal counsel.
Industry Academia Panel
ABHYUDAY AGARWAL,
COO and Co-Founder
ANUBHAB SARKAR,
Partner - Triumvir Law, Ex-JSA, KIIT Law School
SHALVI MEHTA,
Advocate, Saurin Mehta & Associates, Ex-AM Legals, GNLU
SHRUTI KHANIJOW,
Principal Associate - Khaitan, Ex-CAM, University of Cambridge
VIGNESH RAJ,
Advocate, AKS Partners, Ex-LawSikho, Symbiosis Law School, Pune
ASHWINI CHAWLA,
Independent Advocate, Ex-AZB, Ex-Khaitan, Ex-Trilegal, NUJS
DIVYA SETH,
Dual-licensed lawyer - NY and India, NLU Jodhpur Masters in Law from University of Pennsylvania
Syllabus
INTRODUCTION TO THE INTERNATIONAL LEGAL REGIME 
Legal systems around the world - common law and civil law
Basic principles of International law and How International Contracts Work
Sources of international law - treaties, conventions, practices, customs
Using INCOTERMS
UNIDROIT principles of international commercial contracts
Drafting contracts for interpretation in another legal system
How do these impact international contracts
Why contract enforcement is important
What are the different types of disputes you can encounter in cross border contracts?
Which alternative dispute resolution methods are used to resolve international disputes?
Which resources can you use to find out about legal systems in a country?
Which resources can be considered authentic and reliable?
How to keep track of developments
INTERNATIONAL CONTRACT ENFORCEMENT - SINGAPORE
Overview of courts system for commercial disputes
Hierarchy of courts for commercial disputes
Specialized commercial courts/ commercial divisions
Availability of small claims courts and fast-track procedures
- Caps
- Procedural Simplifications
- Can Parties Represent Themselves
Availability and criteria for pretrial attachment of movable assets
Case management
Automatic & Random Assignment of Cases to Judges
Timelines for following processes under civil procedure laws
- service of process;
- first hearing;
- filing of the statement of defense;
- completion of the evidence period;
- filing of testimony by expert; and
- submission of the final judgment
Restrictions on number and circumstances of adjournments
Public availability of performance measurement reports to monitor progress of cases and compliance with timelines
Use of pretrial conferences for case management
Availability of electronic case management systems for various processes
Automation of court proceedings
CONTRACT ENFORCEMENT IN THE US
Overview of courts system for commercial disputes
Hierarchy of courts for commercial disputes
Specialized commercial courts/ commercial divisions
Availability of small claims courts and fast-track procedures
- Caps
- Procedural Simplifications
- Can Parties Represent Themselves
Availability and criteria for pretrial attachment of movable assets
Automatic & Random Assignment of Cases to Judges
Evidentiary weight of a woman’s testimony
Case management
Timelines for following processes under civil procedure laws
- service of process;
- first hearing;
- filing of the statement of defense;
- completion of the evidence period;
- filing of testimony by expert; and
- submission of the final judgment
Restrictions on number and circumstances of adjournments
Public availability of performance measurement reports to monitor progress of cases and compliance with timelines
Use of pretrial conferences for case management
scheduling (including the time frame for filing motions and other documents with the court);
case complexity and projected length of trial;
possibility of settlement or alternative dispute resolution; exchange of witness lists;
Evidence;
jurisdiction and other procedural issues; and
narrowing down of contentious issues.
Availability of electronic case management systems for various processes
access laws, regulations and case law;
access forms to be submitted to the court;
receive notifications (for example, e-mails);
track the status of a case;
view and manage case documents (briefs, motions);
file briefs and documents with the court; and
view court orders and decisions in a particular case.
Automation of court proceedings
Possibility of electronic filing procedures without in-person interaction
Electronic service of complaint on the defendant
Electronic payment options for court fees
Public availability of judgments rendered by local courts
CONTRACT ENFORCEMENT IN UK
Overview of courts system for commercial disputes
Hierarchy of courts for commercial disputes
Specialized commercial courts/ commercial divisions
Availability of small claims courts and fast-track procedures
- Caps
- Procedural Simplifications
- Can Parties Represent Themselves
Availability and criteria for pretrial attachment of movable assets
Case management
Automatic & Random Assignment of Cases to Judges
Timelines for following processes under civil procedure laws
- service of process;
- first hearing;
- filing of the statement of defense;
- completion of the evidence period;
- filing of testimony by expert; and
- submission of the final judgment
Restrictions on number and circumstances of adjournments
Public availability of performance measurement reports to monitor progress of cases and compliance with timelines
Use of pretrial conferences for case management
Availability of electronic case management systems for various processes
Automation of court proceedings
CONTRACT ENFORCEMENT IN DUBAI
Overview of courts system for commercial disputes
Hierarchy of courts for commercial disputes
Specialized commercial courts/ commercial divisions
Availability of small claims courts and fast-track procedures
- Caps
- Procedural Simplifications
- Can Parties Represent Themselves
Availability and criteria for pretrial attachment of movable assets
Case management
Automatic & Random Assignment of Cases to Judges
Timelines for following processes under civil procedure laws
- service of process;
- first hearing;
- filing of the statement of defense;
- completion of the evidence period;
- filing of testimony by expert; and
- submission of the final judgment
Restrictions on number and circumstances of adjournments
Public availability of performance measurement reports to monitor progress of cases and compliance with timelines
Use of pretrial conferences for case management
Availability of electronic case management systems for various processes
Automation of court proceedings
CONTRACT ENFORCEMENT IN HONG KONG
Overview of courts system for commercial disputes
Hierarchy of courts for commercial disputes
Specialized commercial courts/ commercial divisions
Availability of small claims courts and fast-track procedures
- Caps
- Procedural Simplifications
- Can Parties Represent Themselves
Availability and criteria for pretrial attachment of movable assets
Case management
Automatic & Random Assignment of Cases to Judges
Timelines for following processes under civil procedure laws
- service of process;
- first hearing;
- filing of the statement of defense;
- completion of the evidence period;
- filing of testimony by expert; and
- submission of the final judgment
Restrictions on number and circumstances of adjournments
Public availability of performance measurement reports to monitor progress of cases and compliance with timelines
Use of pretrial conferences for case management
Availability of electronic case management systems for various processes
Automation of court proceedings
CONTRACT ENFORCEMENT IN CANADA
Overview of courts system for commercial disputes
Hierarchy of courts for commercial disputes
Specialized commercial courts/ commercial divisions
Availability of small claims courts and fast-track procedures
- Caps
- Procedural Simplifications
- Can Parties Represent Themselves
Availability and criteria for pretrial attachment of movable assets
Case management
Automatic & Random Assignment of Cases to Judges
Timelines for following processes under civil procedure laws
- service of process;
- first hearing;
- filing of the statement of defense;
- completion of the evidence period;
- filing of testimony by expert; and
- submission of the final judgment
Restrictions on number and circumstances of adjournments
Public availability of performance measurement reports to monitor progress of cases and compliance with timelines
Use of pretrial conferences for case management
Availability of electronic case management systems for various processes
Automation of court proceedings
CONTRACT ENFORCEMENT IN JAPAN
Overview of courts system for commercial disputes
Hierarchy of courts for commercial disputes
Specialized commercial courts/ commercial divisions
Availability of small claims courts and fast-track procedures
- Caps
- Procedural Simplifications
- Can Parties Represent Themselves
Availability and criteria for pretrial attachment of movable assets
Case management
Automatic & Random Assignment of Cases to Judges
Timelines for following processes under civil procedure laws
- service of process;
- first hearing;
- filing of the statement of defense;
- completion of the evidence period;
- filing of testimony by expert; and
- submission of the final judgment
Restrictions on number and circumstances of adjournments
Public availability of performance measurement reports to monitor progress of cases and compliance with timelines
Use of pretrial conferences for case management
Availability of electronic case management systems for various processes
Automation of court proceedings
CONTRACT ENFORCEMENT IN BRAZIL
Overview of courts system for commercial disputes
Hierarchy of courts for commercial disputes
Specialized commercial courts/ commercial divisions
Availability of small claims courts and fast-track procedures
- Caps
- Procedural Simplifications
- Can Parties Represent Themselves
Availability and criteria for pretrial attachment of movable assets
Case management
Automatic & Random Assignment of Cases to Judges
Timelines for following processes under civil procedure laws
- service of process;
- first hearing;
- filing of the statement of defense;
- completion of the evidence period;
- filing of testimony by expert; and
- submission of the final judgment
Restrictions on number and circumstances of adjournments
Public availability of performance measurement reports to monitor progress of cases and compliance with timelines
Use of pretrial conferences for case management
Availability of electronic case management systems for various processes
Automation of court proceedings
CONTRACT ENFORCEMENT IN NETHERLANDS
Overview of courts system for commercial disputes
Hierarchy of courts for commercial disputes
Specialized commercial courts/ commercial divisions
Availability of small claims courts and fast-track procedures
- Caps
- Procedural Simplifications
- Can Parties Represent Themselves
Availability and criteria for pretrial attachment of movable assets
Case management
Automatic & Random Assignment of Cases to Judges
Timelines for following processes under civil procedure laws
- service of process;
- first hearing;
- filing of the statement of defense;
- completion of the evidence period;
- filing of testimony by expert; and
- submission of the final judgment
Restrictions on number and circumstances of adjournments
Public availability of performance measurement reports to monitor progress of cases and compliance with timelines
Use of pretrial conferences for case management
Availability of electronic case management systems for various processes
Automation of court proceedings
INTERNATIONAL CONFLICT MANAGEMENT AND NEGOTIATION
Introduction to international Conflict Management
Individual Conflict Management Strategies
Common Negotiation Techniques and Pitfalls
Hostage Negotiation Techniques and Business Applications
Negotiation as a Method of Dispute Resolution
Negotiation Case Studies
MANEUVERING THROUGH INTERNATIONAL NEGOTIATIONS, MEDIATIONS AND CONCILIATIONS: A GUIDE FOR LAWYERS
Introduction to International Negotiation
Negotiating to win
Introduction to Mediation / Conciliation
Institutional Mediation / Conciliation and procedure
Expert determination
UNDERSTANDING THE ANATOMY OF CONTRACT DRAFTING
Introduction to Parts of a Contract
The different parts of a contract, and the sequence in which different clauses customarily appear in a contract
The categories to which each clause in a contract pertains
The Definitive Contract Drafting Checklist
Title, recitals, definition and interpretation clauses
The relevance of the introductory parts of a contract
How are introductory clauses drafted
Representations and Warranties clauses and covenants
What are representations and warranties and why are they required?
Tips and strategies in drafting representations and warranties clauses
The consequences of false representations
What are covenants?
Conditions Precedent, Conditions Subsequent and Completion
The concept of conditions precedent and the relevance of the conditions precedent clause in a contract
Conditions subsequent and completion
The consequences of breach of conditions precedent and conditions subsequent clauses
How to draft the conditions precedent, conditions subsequent and completion clauses
How to Draft Obligations and Payment Clauses for International Contracts
The relevance of the obligations and payment clauses
How payment and increment clauses are drafted
The consequences of default in payment
How should consideration clauses be drafted?
Term, termination, renewal and survival clauses
How to decide the ‘term’ of a contract and draft the ‘term’ clause
How termination is connected with the term of the contract and how to draft termination clauses
The different methods by which a contract can be renewed
Which obligations under the contract continue to be applicable even after termination?
Assignment and Change of Control Clauses
Which rights in an agreement can be assigned and which ones can be retained
How anti-assignment clauses work
The significance of the ‘change of control’ clauses and how these work
Is revocation of assignment possible?
Confidentiality, non-compete, non-solicit and exclusivity clauses
The concept and the need for confidentiality, non-compete, non-solicit and exclusivity clauses
How to draft an effective confidentiality clause
In which situations can a non-compete clause be enforced?
Cases where non-solicit and exclusivity arrangements are used
What are non-circumvention clauses?
Waiver, Variation and Severability clauses
What are ‘no-waiver’ clauses?
Why are variation clauses required?
What are severability clauses used for?
Indemnity and Limitation of Liability clauses
The concept of an indemnity clause and the reason why it is required in a contract
Situations when an indemnity clause can be triggered
How to draft an effective indemnity clause
Difference between an indemnity and a guarantee
The effect of Limitation of Liability clauses
Notice and communication clauses
Drafting a notice as per the notice clause
Why it is important to provide for a receipt mechanism in a notice clause
How are International contracts enforced?
How to determine and find the applicable consequences of breach based on the relevant law
Drafting notices for breach
Remedies for breach based on the state law
Why is a dispute resolution clause required in a contract?
Why are alternative dispute resolution methods better than conventional legal proceedings?
What is Arbitration? Which disputes are arbitrable and what is the difference between ad-hoc and institutional arbitration?
Learn how to draft an effective arbitration clause
Governing Law in International Contracts - how to choose the applicable state law
The relevance of the Governing Law and jurisdiction clause
Learn how the Governing Law and jurisdiction clauses should be drafted
HOW TO DRAFT INTERNATIONAL CONTRACTS AND NOTICES
What do you need to take care of in order to ensure enforceability of contracts in accordance with the relevant law?
Does it require execution in a particular manner?
Does it require approval from a specific authority in accordance with the law?
Legalisation requirements - stamping, notarisation, apostille
Reasonability in clauses
Appropriate choice of governing law
Ten contracts which are universally used in business transactions and how to draft them
Confidentiality Agreements / Non-disclosure Agreements
Employment Agreements
Lease Agreements
Licensing Agreements
Power of Attorney Document
Sale / purchase Agreements
Distribution Agreements
Loan Agreements
Joint Venture Agreements
Website Development Agreements
Different types of notices / letters which can be used in international contracts
Notice of claim in a works contract
Notice to cure defect
Notice of breach
Notice invoking force majeure
Notice to commence negotiation
Notice claiming service credit
Notice claiming indemnity
Notice of commencement of arbitration
Letter of renewal/ extension
Letter of waiver
Addendums / Novation Agreement / Amendment agreement
Notice demanding payment
Response notice rejecting claim of service credit
Response notice rejecting force majeure invocation
Response notice denying indemnity
Response notice denying payment
INTERNATIONAL COMMERCIAL ARBITRATION AS A MODE OF DISPUTE RESOLUTION FOR INTERNATIONAL CONTRACTS
Introduction to International Commercial Arbitration
Why is International Commercial Arbitration a preferred mode for dispute resolution in international transactions?
Legal work in international commercial arbitration for in-house counsels, corporate lawyers, arbitration lawyers and litigators
How to navigate the domestic and offshore legs of International Commercial Arbitration
What you need to know about foreign law to be effective in international commercial arbitration
How to brief offshore counsel with respect to arbitration proceedings
How international commercial arbitrations can be institutionalised and what are the important organisations in this area?
Ad hoc v International Arbitration
Seat and Venue in Arbitration
What are the key considerations in selection of the set of arbitration rules that will govern a dispute between contracting parties?
How do these vary in case of ad hoc arbitration vis-a-vis institutional arbitration?
UNCITRAL Arbitration Rules
How to draft an Arbitration Clause in International Commercial Arbitration?
How to apply the seat and venue consideration and remove uncertainty while drafting an effective and predictable arbitration clause.
Case studies of some well drafted and not so well drafted arbitration clauses.
Arriving at a Model Arbitration Clause for International Contracts and how to modify it as per applicable factual situation
Components of clauses in International Commercial Arbitration.
Institutional Arbitration Model Clauses for SIAC, HKIA, DIFC-Dubai, LCIA and AAA.
Pathological arbitration clauses.
Important components of an arbitration clause.
Why do clauses say ‘without reference to conflict of laws rules’?
Importance of ‘good faith’/ reasonable endeavor requirements.
Choice of law
How to Select an Appropriate Institution for International Commercial Arbitration?
How to answer common questions that every client faces about selection of seat, selection of arbitral institution and choice of law
Special emphasis on following Arbitration Institutions
- International Court of Arbitration
- London Court of International Arbitration
- Singapore International Arbitration Centre
- Hong Kong International Arbitration Centre
- International Centre for Settlement of Investment Disputes
IMPLICATIONS OF CHOICE OF CONTRACT LAW OF SINGAPORE, UK, US, CANADA AND INDIA
UK contract law for international arbitration lawyers
US contract law for international arbitration lawyers
Singapore contract law for international arbitration lawyers
Canadian contract law for international arbitration lawyers
How to review and compare contract law of any country in the world to advise clients effectively
Exclusivity clause and restraint of trade
Confidentiality and Causation
Delay and other performance defaults (Cost escalation)
Indemnity and limitation of liability
Unilateral amendment
Clauses in restraint of legal proceedings in different legal systems
Stamp duty or its equivalent in non-Indian laws (Contract/ Arbitral Award)
Causation
Remoteness of damage
Mitigation of damages
Comparison between UK Contract Law, US contract law, Indian contract law, Singapore contract law, Canadian contract law
DRAFTING STATEMENTS OF CLAIM AND DEFENCE
How to Draft a Statement of Claims
How to define the dispute
Quantification of Damages
- To what extent are liquidated damages valid?
- What if the amount of liquidated damages specified is very high?
- Is there some prohibition against inclusion of penalty clauses?
- Are indirect and remote damages enforceable?
- Is there a duty of the party suffering loss to mitigate damages?
- Are punitive damages, if agreed contractually, valid?
Types of reliefs
- Monetary compensation
- Punitive damages/ penalties
- Interpretation of contracts
- Restitution
- Is declaratory relief relevant?
- Interest
- Costs
- Do national laws constrain this?
How to define the statement of defense in international commercial arbitration
Top strategies to rebut claims made in the statement of claims in the statement of defense
When and how to use anti-suit injunctions
How to review foreign laws and international conventions for challenge procedures
Common grounds for challenge
Challenge to enforcement of foreign awards in India
How to obtain anti-arbitration injunctions in the jurisdictions above
Introduction to International Mediation and Conciliation
Procedures & considerations governing International Mediation and Conciliation
TEMPLATES
Letter to invoke arbitral proceedings before LCIA, ICC, SIAC
Notice of commencement of arbitration
Statement of claim
Statement of defence
Application for measures to constitute the tribunal before a domestic court in an international commercial arbitration (Indian Supreme Court)
Application for interim relief before the tribunal
Application for interim relief before a domestic court (India)
Petition for enforcement of arbitral award
Application to set aside an arbitral award
Course Plan
Standard
$ 900
incl. of all charges
Printed study material (by courier)
2 practical exercises/ Drafting exercises per week (24 weeks)
6 writing assignments
1-2 online live class/week
Get digital access to entire study material
Access on LMS, Android & iOS app
Instructor feedback on assignments
Doubt clearing on LMS & classes
Instructor led course with online live classes
Online exams (give exams as per your convenience on given time slots)
Certificate (by courier)
CV enhancement
Coaching for professional networking
Internship & job support
Interview preparation support
Networking with students & alumni
Content access for 3 years
Doubt clearing within 24 hours
Top performers are recommended for jobs and client opportunities
