Certification in Alternative Dispute Resolution From a Business Perspective: Practice, Drafting and Procedure



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About the Course

Total Fees: INR 8,000 6,500

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Duration: 3 months

Certification in Alternative Dispute Resolution From a Business Perspective: Practice, Drafting and Procedure

 

In the current education system, the focus on alternative dispute resolution method varies between two extremes, either it is completely statute-based, that is, a comprehensive study of the Arbitration and Conciliation Act, or it is completely devoid of statutory discussion, and may involve discussion of mediation and negotiation techniques alone.

 

Successful alternative dispute resolution involves a high amount of strategic input and decision making. To facilitate that, strategic insights, contractual knowledge and drafting, legal understanding of different concepts unique to arbitration and drafting skills (for various arbitration and court-related documents) need to be simultaneously used. It is like a game of chess, and best practices and strategies are discovered over time.

 

This is a hands-on course that teaches you how to resolve disputes effectively through arbitration, mediation and conciliation. No prior theoretical or legal knowledge is required.

 

While the focus is on arbitration currently, the section on consent-based mechanisms - i.e. mediation, conciliation and negotiation is expanding continuously, as these are fast picking up in India.

 

You will find the skills and understanding provided here useful, irrespective of whether you are a businessman or a professional. If you are a businessman, you will be able to prepare superior dispute resolution strategies and add insights to discussions with your internal team (CXOs, legal and compliance team) and with external lawyers and law firms.

 

If you are a lawyer or law student, this course is very different from what you will study in law school in arbitration or alternate dispute resolution class.You will be able to think from a strategic and practical perspective.

 

If you have been involved in advisory or corporate work and would like to add on a practice of arbitration or shift to arbitration, this course will enable you to make a smooth shift.

 

This course will not focus on use of alternative dispute resolution for personal disputes which are not commercial or business-related, such as Lok Adalats, motor accident or divorce claims, etc.

 

Skills and strategic insights you will acquire are:

 

How can you draft effective arbitration clauses?

Which are the most commonly required documents in an arbitration proceeding and how can you draft them effectively?

How can you reduce uncertainty that leads to frequent court intervention?

How can you ensure your ad hoc arbitration proceeds in a planned manner?  

What types of interim measures should you request and from which authority?

What mechanisms will speed up your arbitration?

When should you select institutional arbitration over ad hoc arbitration?

How can you lower costs of arbitration?

When and where should you use conciliation and mediation processes?

Why is conciliation preferable to mediation in India?

Course Contents

Commercial advantage of arbitration

Which disputes are arbitrable

How to initiate arbitration proceedings

How to appoint arbitrators

Eligibility for appointment as an arbitrator

How to challenge appointment of arbitrators

How to execute a valid arbitration agreement or clause with samples

Grounds for challenging validity of arbitration agreement

Powers of the arbitral tribunal

 

How to draft a statement of claims

 

How to draft a statement of defense

 

Stages at which court intervention is likely and how to reduce litigation risk

 

How to write interim and final awards

 

Validity of online arbitration

 

When to use fast track and appellate arbitration

 

Interim relief procedures

 

Key changes introduced by 2015 amendment to arbitration law

What is international commercial arbitration

 

  • Investment treaty arbitration vs. international commercial arbitration
  • Impact of international conventions for harmonization of municipal laws of multiple countries

 

Pros and cons of institutional arbitration in international commercial arbitration

 

Comparison of rules of key arbitral institutions

 

Step-by-step view of an international arbitration

 

Advanced concepts in 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

 

Why and when to use anti-suit injunctions

How to draft applications for international commercial arbitration

Enforcement and Challenge of Awards

ICC Rules vs. Indian Council of Arbitration Rules

Pre-dispute negotiation

 

Why conciliation is preferable to mediation in India

 

When to use expert determination

 

How to lead your mediation/conciliation process to an effective outcome

 

  • As a client
  • As a lawyer

 

Common delay tactics by unscrupulous litigants and how to avoid them

How to use mediation to resolve family business disputes

 

Case study of Delhi High Court Mediation Rules

 

Statutory mediation under Companies Act, 2013

 

Contract-based mediation vs. Court-annexed mediation

Notice of Arbitration

 

Statement of Claims

 

Statement of Defence

 

Application for interim relief  from court and from tribunal

 

Application for appointment of arbitrator

 

Appeal against interim award

 

Application to set aside an arbitral award

 

Execution petition for enforcement of arbitral award

Industry Academia Panel

Arjun Natarjan

Litigator and Certified Mediator

Anubhab Sarkar

Independent Practitioner

Akshay Ubale

Independent Practitioner

Prathik C M

Independent Practitioner

Akanksha Sisodia

Advocate at Singh & Associates

Shalvi Mehta

Arbitration Lawyer

Komal Shah

Company Secretary, Content Manager & Editor, iPleaders

Abhyuday Agarwal

COO and Co-founder, iPleaders

Ramanuj Mukherjee

CEO and Co-founder, iPleaders

Success Stories

Imagine how it would be if you could navigate the usual legal and regulatory mess with ease, and make better decisions as you scale your business or career growth. Regulatory and legal difficulties is a huge hurdle to doing business in India, and very few people have mastery over it. We are inviting you to find out more about how we can add a touch of magic to your growth. Here are some amazing success stories of our students who have taken up our courses.

I am a computer science engineer by education, but an entrepreneur by profession. Having had no formal education in running a business I was always led to a lot of "learning the hard way". When iPleaders launched the course for Entrepreneurship Administration and Business Laws, in an e-learning mode I took up the course with the objective to understand all legal nuances related to running a business. The course covered things like; understanding of ESOP, Sweat Equity, Company Policy, License agreements, IP related law, EULA and lots of other content which made sense for our business.

Atul Gupta

Managing Director of InSync Tech-Fin Solutions Ltd

I am a practicing Cyber lawyer in Mumbai for the past 3 years and have founded Cyberjure Legal Consulting. The course was a very good learning experience, and I am glad I did it. It helped me understand the nuances of many laws which we studied in college, but never went into practical applicability of the same. The stuff I learnt in the course helped me in my matters too, and in structuring e-commerce start-ups.

Puneet Bhasin

Founder, Cyberjure Legal Consulting, Mumbai

I joined the NUJS diploma in Entrepreneurship Administration and Business Laws while I was working with the Calcutta Stock Exchange. I had already done my LLB and was looking for a course which would give me some practical insight. I came across the NUJS Diploma in Entrepreneurship Administration and Business Laws while searching the internet. I was looking for some course for value addition to my profile and knowledge. I had already done my LLB and MBA but wanted some practical knowledge. This course appealed to me, as it was dealing with business laws and I was working with a corporate. So this course was very significant to me and covered things which were relevant to me.

Sumit Sengupta

CFA, LL.B, Legal Counsel, Calcutta Stock Exchange

All modules in this course are meticulously designed with the emphasis on practical knowledge and it's very difficult to say which module was more informational than the other. Still, I particularly found the modules on statutory compliances, due diligence, business structuring and institutional financing to be really beneficial for me because I wanted practical insight into these topics. Non-lawyers such as businessmen are usually afraid of legal jargons that are found in books; however, this course uses a very simple and easy to understand language and therefore I recommend this course to all those who wish to enhance their business law knowledge.

Harshal Joshi

Legal Head, Legal Dog, LL.C

This course is something that would simply catalyze the process and help you in creating the best path for yourself. Being armed with a diploma in law from a prestigious national law school in itself speaks volumes – it gives the signal to the people working with you that your understanding of legal and regulatory situation should be and can be taken seriously. Given the kind of work I'm into, it does help a lot indeed, especially as one climbs the stairs of seniority and responsibility. The early headstart in legal strategy making and insights into dispute resolution is also a superb advantage.
Also joining the course has given me a new fraternity. It indeed feels great to have been associated with iPleaders…and I would be glad to continue with this relationship. I continue to get professional support from them. You can always reach out to the alumni or iPleaders founders themselves and ask for a favour.
I would strongly recommend this course to people (age no bar, beyond fulfilling the eligibility criteria) who are interested in bringing out something new (in any form) which shall be innovative and meaningful in the long run, and those who are interested in organization building – as the course helps in minimizing the number of legal and strategic hurdles that one may face after taking the plunge. You will be much more educated and smart with respect to a whole range of things once you even go through the course even partially.

Abhilash Acharya

Doctoral Fellow, IIM Ranchi

The placement support program offered by iPleaders was useful in securing my first job at Innove Law (a niche corporate law firm in Mumbai).

Unnita Bhattacharya

Associate at Krishnamurthy & Co.

This course has given me valuable insights such as drafting various agreements with clients, dealing with clients, and also choosing right organization structure my own venture and was able to help other entrepreneur in structuring their new venture.
Skills I learned during the course structuring a company, appoint advisors and remunerate them, drafting Co-Founder's Agreement, taxation of software product and SAAS companies, clear understanding of Shareholders' Meetings, legal instruments, Shareholders' Agreement, how to raise investments effectively, drafting employment agreement, Structuring ESOP& ESPS, How to avoid disputes and drainage of resources through courtroom battles, Data protection under Indian law, Cloud computing agreements, How to obtain copyright, trademark and patent registration in India.
Definitely student entrepreneurs studying in college will get a lot of benefits from this course. Interested students will be motivated like me to pursue their entrepreneurial journey keeping balance with various entrepreneurship network system, they can easily create a successful business venture without any hindrance.

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