Name: Introduction To Diploma in Advanced Contract Drafting, Negotiation and Dispute Resolution in San Francisco | Henry Harvin
Uploaded: 2025-01-16 22:49:21
Description: Master the skills required to effectively draft, negotiate, and resolve complex contractual disputes | Gain in-depth knowledge of entire lifecycle of contract management | Learn creation and negotiation to enforcement and resolution of conflicts.

Module 1: Orientation and Tools for Effective Contract Drafting

General Principles of Contract Law
Module 2: 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
Module 3: 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
Module 4: 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?
Module 5: 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
Module 6: 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
Module 7: 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
Module 8: Commercial 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
Module 9: 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
Module 10: 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
Module 12: 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
Module 13: 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
Module 14: 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
Module 15: Contract-related Documents & Post Contractual Matters
- 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
Module 16: 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
Module 17: 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.
Module 18: 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.
Complementary Module 1: Soft Skills Development
- Business communication
- Preparation for the Interview
- Presentation Skills
Complimentary Module 2: Resume Writing

Resume Writing

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Diploma in Advanced Contract Drafting, Negotiation and Dispute Resolution in San Francisco

20 Jan 2025

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80 Hours of Instructor-Led Sessions

27 Hours of Live Interactive Doubt Solving Sessions

14 Hours of Live Master Sessions by Industry Experts

192 Hours of Self-Paced Learning

Job-Ready Portfolio of 18+ Capstone Projects

115+ Auto-Graded Assessments

36+ Industry Case Studies

120 Guided Hands-On Exercises

18+ Assignments and Mini Projects

2 Mock Interviews and 3 Hackathons

Get 1-Year Gold Membership of Henry Harvin® School of Legal Studies

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8 Hours of Mentorship by Industry Experts

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Upgradation to an international Advanced Diploma from Dunster Business School, Switzerland is available.

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Curriculum For Diploma in Advanced Contract Drafting, Negotiation and Dispute Resolution in San Francisco

Module 1: Orientation and Tools for Effective Contract Drafting

Module 2: Introduction to parts of Contract and Introductory Clauses

Module 3: Operative Clauses of a Contract

Module 4: How to Draft Risk Mitigation and Boilerplate Clauses

Module 5: Contract Breach and Execution

Module 6: Contract Negotiation

Module 7: General Contracts

Module 8: Commercial Agreements

Module 9: Corporate Contracts

Module 10: Lending and Security Documents

Module 12: Intellectual Property Agreements

Module 13: Common Internet and Technology Contracts

Module 14: E-Commerce Contracts

Module 15: Contract-related Documents & Post Contractual Matters

Module 16: Dispute Resolution, Enforcement and Litigation Strategy

Module 17: Document Design and Structure

Module 18: Development of Legal Documents

Complementary Module 1: Soft Skills Development

Complimentary Module 2: Resume Writing

Admission Closes On 20 Jan 2025

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What you'll Learn in this course

General Principles of Contract Law

Operative Clauses of a Contract

Draft Risk Mitigation

Contract Breach and Execution

Contract Negotiation Techniques

Commercial Agreements and Corporate Contrat

Lending and Security Documents

Common Internet and Technology Contracts

E-Commerce Website Development

Contract-related Documents

Document Design and Structure

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