ONE YEAR ADVANCED DIPLOMA IN DRAFTING, NEGOTIATION & ENFORCEMENT OF CONTRACTS

About the Programme

Efficient drafting, negotiation and enforcement of contracts, is imperative for any organization or business to flourish. The course is designed for professionals across sectors who are involved in the process of negotiating, drafting and enforcing contracts.

Divided into four different subjects, it begins with discussion on the general principles of law of contracts which apply to all types of contracts. In specific contracts the law related to contract of indemnity, guarantee, bank guarantee, bailment, pledge, agency, government contracts and tenders is discussed.

The subject titled Drafting and Negotiating Contracts, discusses the principles, techniques and strategies involved in negotiating and drafting contracts. It focuses on the structure a contract, the substantive clauses and how to draft them. It also discusses the legal formalities like, attestation, registration, notarization and stamping etc. The course ends with discussion on the law related to various important contractual remedies in the form of injunctions, specific performance and damages.

Objective of the Course:

• Equip the learners to Negotiate contracts effectively
• Equip the learners to draft contracts efficiently
• Enable them to enforce contracts by seeking appropriate remedies

Eligibility

a. Bachelor’s Degree or an equivalent Degree in any discipline from any recognized University; or

b. Candidates who complete three years of their 5-Year Integrated LL.B. Degree Programme in Law; or

c. Candidates appearing for the final year examination of Graduation / Engineering are also eligible to apply.

Admission Procedure

Direct Admission subject to fulfilment of the eligibility criteria.

Duration, Continuation and Termination

The duration of the programme is one year and the maximum period for completion of the programme is two years including the year of admission.

Every candidate admitted to the course shall pay the prescribed fees at the time of admission. If a candidate is required to continue the course beyond the academic year because of his/her non- fulfillment of the prescribed requirements for the award of the Advanced Diploma, he/she shall pay the Continuation Fee to continue their course in the subsequent year.

The marks secured in the papers already appeared by the candidate shall be carried forward during the span of the eligibility for the course programme.

After completion of the maximum period, if the candidate fails to fulfill all the requirements for the award of the Advanced Diploma, the admission stands automatically cancelled. In such cases they need to enrol afresh for the programme.

Fee Structure :

Course fee: Rs. 30,000/- p.a. (5% fee concession to the candidates belonging to SC / ST / PWD Category)

• Repeat examination / Supplementary Examination fee : Rs.500/- per paper
• Continuation fee beyond the minimum duration of the course till the maximum period : Rs.3,000/- per year
• Re-evaluation Fee : Rs. 1,000/- per paper
• Boarding & Lodging charges at campus (subject to availability) during classes / exam will be extra as per the University Rules.
• Convocation fee will be charged separately as per the University Rules.

Note: The University reserves the right to revise the Fee structure from time to time.

Course Structure

Conduct of the programme

The Advanced Diploma Programme will be for a period of one year. Personal Contact Programme (PCP) sessions will be held twice in a year by the subject experts. Relevant course material will be uploaded on the website and can be accessed through their login id. The Self Learning Materials (Reading Materials) printed copies will also be sent to the enrolled candidates.

PCP sessions will be conducted for four days twice in a year at Hyderabad by the subject experts. Suggested reference guidance would be provided at the contact sessions. Each subject shall consist of 12 teaching hours which will come to 48 teaching hours for the total programme. The recorded videos of the classes will be uploaded on the dedicated website and can be accessed by the candidates through their login ids. Attendance at the PCP is not compulsory but candidates are advised to attend the classes as they are important to understand the subject and successfully complete the course. The learners are also expected to put in at least 30 hours of study for each credit.

The website will be the main delivery system in terms of updating information on the subject. The access to the website will be deactivated after the completion of the minimum duration and will be revived on the payment of the continuation fee.

Academic Calendar (Tentative)

Admission Process From February to June every year

Evaluation Scheme& Award of Advanced Diploma

Examination

There will be one annual examination for each subject. Each paper shall carry 100 marks.

Award of Grades

The performance of all the candidates in all courses shall be evaluated on a 10 point scale with corresponding grade values as mentioned below:

Calculation of CGPA

Cumulative Grade Point Average (CGPA) is arrived at by dividing the sum of the products of Grade Values and the Course Credits in each subject by the total number of credits in all the subjects.

A candidate to be successful should obtain a minimum of 50% marks or the equivalent grade, i.e., B in every subject. However, the candidate who fails to obtain the minimum grade (i.e., B) shall be given chance(s) to re-appear for the examination whenever the same is conducted till the completion of the maximum period, i.e., two years from the date of admission on payment of repeat / supplementary examination fee and the continuation fee as prescribed. No candidate who has cleared the subject by securing 50 marks or above is allowed to re-appear in the examination for improving the marks / grade.

Rounding off and Award of Grace Marks

In case a candidate obtains fractional marks, the fraction will be rounded off to the nearest whole number.

The Course Coordinator with the approval of the Director, DDE may add FIVE grace marks in total for all the subjects to enable a candidate to pass the examination. The said provision will not be applicable in case of re-evaluation and/or for improvement of grade.

Provided that under no circumstances, a candidate shall be granted more than five grace marks to be distributed in all subjects.

Award of the Advanced Diploma Certificate

A candidate to be eligible for the award of the Advanced Diploma in Drafting, Negotiation and Enforcement of Contracts should secure 50% marks or ‘B’ grade in all the subjects obtaining atleast CGPA of 5.50 out of 10.00.

A candidate admitted to the program has to complete all the prescribed requirements within a maximum period of two years from and including the year of admission in order to be eligible for the award of the Advanced Diploma.

Procedure for Re-counting / Re-evaluation

The candidates desiring of re-evaluation have to apply in writing along with the re-evaluation fee within 15 days from the date of declaration of results. On the receipt of the request for re-evaluation, the paper would be sent to subject expert other than the evaluator and the results of the same will be communicated within 45 days. A change in the original score shall be made only when, upon re-evaluation, the change is FIVE marks or more. The Re-evaluation result is final and there will be no further appeal to the same.

No candidate who has cleared the subject by securing 50 marks or above is allowed to re-appear in the examination or apply for re-evaluation for improving marks / grade.

The recounting of the paper would be done without collecting any fee but on the written request to the Director, DDE by the candidate. The change, if any, shall be incorporated accordingly.

Misconduct Rules

The Vice-Chancellor on the report and recommendation of the Course Co-ordinator can cancel the registration of a candidate and also debar them from examinations and further enrolment if he or she is found to be indulging in abusive, unruly behavior with the faculty or staff of the University. Such behavior will also include abusive mails, phone calls or defamatory tweets / posts / blogs etc.

The NALSAR University Academic Mis-Conduct Regulations, as approved by the Executive Council of the University will apply suitably for the candidates enrolled for this programme.

Refund of Fee in case of withdrawal of admission

a) In case of withdrawal within 15 days from the closure of the admission, 10% of the course fee paid shall be retained by the University towards administrative charges;

b) In respect of candidates who withdraw their candidature after 15 days from the closure of admission, total course fee paid by the candidates shall be retained by the University.

c) All other fee other than course fee, once paid is non-refundable.

ONE YEAR ADVANCED DIPLOMA IN DRAFTING, NEGOTIATION & ENFORCEMENT OF CONTRACTS

Faculty

Mr. Ajar Rab
Partner, Rab & Rab Associates

Mr. Rab is a Partner at Rab & Rab Associates LLP. He is a law graduate from NLSIU Bangalore and has a dual masters-degree in Law and Business from Germany. His practice areas include international arbitration, commercial laws, mergers and acquisitions and corporate transactions. He has previously worked with Amarchand Mangaldas, ministries, government bodies and policy institutes. He is also an International Policy Consultant at Lexidale, a policy firm with offices in the US, Israel and the Netherlands.

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Mr. Rab is a Visiting Professor at National Law School of India University (NLSIU), Bangalore, an Adjunct Visiting Professor at National University of Juridical Sciences (NUJS), Kolkata and visiting faculty in many other law schools in the country. He is a member of several arbitration institutes across the world and has authored a treatise on ‘Real Estate (Regulation and Development) Act, 2016.’ His current book on ‘Drafting of Contracts’ is under print with the Eastern Book Company.

Mr. Amit Kapur
Joint Managing Partner J.Sagar Associates

AmitKapur is a Partner with J. Sagar Associates since 2000. Having served as Senior Partner of JSA he is now the Joint Managing Partner of the Firm. He is regularly consulted by several ministries / bodies of Central and State Governments; Developmental Financial Institutions (the World Bank, PPIAF, WSP-SA, ADB); Competition & Sector regulators and leading Indian and foreign Corporates (like the Tata Group,Reliance ADA Group, Adani Group, GVK Group, GMR Group, Vedanta Group,Larsen& Toubro, Torrent). In recent past, he has actively assisted the Kelkar Committee on Rejuvenation of Infrastructure Development (2015); He served as member of Ministry of Law appointed committee to review the Specific Relief Act, 1963

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Amit has been associated with several precedent setting Infrastructure and PPP projects like Delhi electricity privatisation; Metro Rail projects in Mumbai & Delhi; the first 3 ultra-mega power projects (each involving over US$ 3.5 billion); pilot projects for social / developmental Infrastructure. He has anchored as counsel complex, precedent-setting commercial and regulatory matters before the Supreme Court, High Courts, Appellate Tribunals, Regulators (in Competition, Power, Hydrocarbons, Airports) and Arbitral Tribunals (particularly construction and project implementation disputes).

Dr. Anurag Agarwal
Faculty, IIM, Ahmedabad

Dr. Anurag Agarwal did his Masters in Law from Harvard Law School and LL.D. from Lucknow University. He is a faculty at IIM Ahmedabad and has been the Chairperson of the One Year Post-Graduate Program in Management for Executives PGPX, Business Policy Area, and the Post Graduate Program in Public Management and Policy PGP-PMP.

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At IIMA he teaches several subjects including Negotiation. Some of the books authored by him are Business Law for Managers: Kaleidoscopic Tales, Penguin Random House 2018; Business Leadership and Law, Springer 2017 andContracts and Arbitration for Managers, Sage 2016.His teaching, consulting, and research interests include business leadership, negotiation, strategy & law, contracts & arbitration.

Dr. Nilima Bhadbhade
Consultant, writer and teacher.

Dr. Nilima Bhadbade has decades of experience in the field of law as a lawyer, teacher consultant and writer. She is the author of 'Contract Law of India' (three editions, Kluwer Law International, 2010-2016) and Specific Performance of Contracts (Lexis-Nexis 2014).

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She has revised three editions of the 100 years old treatise, Pollock and Mulla’s Indian Contract and Specific Relief Act. She has also revised Vol 9 : 'Contracts' for the Halsbury's Laws of India (Lexis-Nexis 2015). She was a member of the Expert Committee appointed by the Ministry of Law, Government of India in 2016 to recommend changes to the Specific Relief Act, 1963, leading to its amendment in October 2018. She writes on her website: http://obiterdicta.in.

Mr. Nagarjuna Venkata
Assistant Director, Ernst & Young

Mr. Nagarjun is an Assistant Director at Ernst & Young and is responsible for their Commercial Transactions portfolio panning over multiple jurisdictions. Prior to this he was a Senior Legal Counsel at Hewlett Packard where he was involved in handling various multi million dollar contracts with both private and public sector organizations across various jurisdictions. His key areas of expertise include complex and high value commercial contracts, post contractual compliance management, pre-litigation and dispute management. He is particularly well versed with the public sector tendering process in India and its complexities.
He has been actively involved in designing and conducting training programs around niche aspects of contracts for his clients focused to assist them at the negotiation table with their respective customers and vendors both at the contracting stage and dispute/settlement stages. Mr. Nagarjun has completed his BA, LLB degree from NLSIU, Bangalore and holds a gold medal from the prestigious institution. He was also awarded the “Next Gen In-House Counsel of the year” by IDEX in 2017.

Mr. Rajesh Kapoor
Assistant Professor, NALSAR

Mr. Rajesh Kapoor teaches at NALSAR University of Law. He specializes in commercial laws. Law of Contracts and Arbitration are his special areas of interest. He has done his LL.B. from Symbiosis Law College University of Pune and LL.M. from King’s College London, in International Commercial Laws with special focus on Arbitration.

Mr. Rohit Kumar 
Global General Counsel UPL

Mr. Rohit Kumar is the Global General Counsel of UPL Limited a multi- national company. He is based out of UPL’s corporate head office in Mumbai. Rohit leads a team of many in-house lawyers with half of his team being in USA, LATAM and Europe. Rohit is a law graduate from Symbiosis Law College, Pune, India. He has done several courses including leadership in corporate counsel course from Harvard Law School. Prior to joining UPL, Rohit worked at the Melbourne office of HerbertSmith Freehills, a large global law firm. He specializes in corporate commercial transactions.