Introduction

Do the words ‘corporate litigation’ run an electric wave down your spine? Are you willing, ready and excited to bungee jump into the arena of corporate battles? Or are you a ‘never give up’ justice seeker hell bent on getting shareholders their rightful dues from the management? Are you an experienced litigator in different areas, but are now tilting towards corporate litigation? Are you finding that clients who come to you for corporate consultancy and compliance work now need someone to represent them before a forum for insolvency/amalgamation matters, and you need to know how to help them? 

Not just this, are you also willing to take up work relating to disputes with consumers, disputes between builders and unpaid vendors, registration of new projects under RERA, real estate agreements, various registrations and building permits, compliance, benami property-related cases, disputes over the lease and illegal encroachment of property, housing society disputes, property disputes and litigation?

If you are in any of the above spaces, you will move towards Corporate & Commercial litigation!

What Is The Career Potential After Doing This Course?

• You will be able to pick up matters which suit an entrant in the litigation arena very well and then, leverage your familiarity with the courtroom environment, drafting techniques, court craft or simply being someone whom the judge has seen to gain further matters which would be more demanding intellectually and be highly financially rewarding. 
• Large corporate groups looking to expand or restructure will also want to engage you as an in-house counsel since there needs to be someone internally who understands the processes before the NCLT and can manage lawyers or consultants who appear on behalf of the company, in case there is litigation emerging from the restructuring exercise. 
• Dealing with corporate litigation matters will cause many small and medium businesses (SMBs), startups and high net-worth promoters and directors to entrust you with legal matters. You may advise them on how litigation can be avoided or taken up. 
• You can work as an in-house lawyer or an independent lawyer for real estate companies.
• You can work as an independent lawyer working for real estate buyers in dispute.
• Corporate litigation expertise will also lead to mandates for advisory work and opinions from large companies, high net-worth promoters and small and medium businesses. On this front,you will further strengthen your strategic advantage.
• You can be eligible to apply for openings to be on the panel of a private or public sector bank. Banks maintain a panel of litigators for enforcement-related matters for different forums and jurisdictions. Being on the panel offers you tremendous reputational benefits, enhances credibility in the opinion of clients, a stable volume of work and significant face-time before the court to build your credibility as an arguing counsel. You can continue to work on independent matters as well, as long as there is no conflict. 
• Litigators can also represent corporate clients and their borrowers in connection with loan documentation work or enforcement-related matters at different forums such as the Debt Recovery Tribunal or the National Company Law Tribunal. As a litigator, you can represent borrowers or promoters who have provided guarantees against enforcement actions initiated by the bank in respect of defaults.

Potential Employers

• Law firms
• Large corporate groups
• Startups and SMEs
• Banks and NBFCs
• Real Estate Developers
• Litigation chambers

What Is Unique About This Course?

• The course is not limited to a provision-by-provision study of the statute and associated case laws alone. 
• If you are a solo practitioner keen on getting your foot into the doorstep of corporate litigation, there’s no better place than the NCLT to begin with. This course deals with each of the matters that can be dealt with by the NCLT in a step by step manner, thus exposing you to the substantive and procedural aspects of taking on and appearing for these matters. For an online course, we will only just stop short of bringing you into an NCLT courtroom.
• You will also learn about different modes of recovery and be able to identify and compare the pluses and minuses. Lawyers who used to work in the recovery area have migrated to a good extent to IBC, but very few are adept and well aware of what happens inside the bank before a recovery or insolvency matter is handed to them. Securing this knowledge can help in identifying the priorities and pain points of the client which helps a litigator function better.
• You will be writing an article every month and with our guidance publish the same either on iPleaders blog or various other industry publications
• We will provide you a free course on professional networking, CV writing and interview skills so that you can easily find jobs
• Those who perform well in class will be recommended to top law firms for internships and jobs.
• After completing the course, you will find knowledge acquired in this course very valuable with respect to most teams at law firms.
• The course is tough and intensive, you will not be awarded the certificate unless you complete all the exercises. You have to spend 8-10 hours per week on this course.
• Doing this course will prepare you for what you are going to face ahead.
• You will get personal attention and coaching from the trainer, and get individual feedback on the quality of work you produce.

Who Should Take This Course?

• Commercial litigators
• Independent practitioners looking to build a tribunal litigation practice 
• Corporate lawyers who are also handling commercial disputes work 
• Chartered Accountants and Company Secretaries who intend to represent clients and argue before NCLT
• Law students and lawyers looking to work in corporate law firms in commercial litigation team
• Lawyers looking to specialise in money recovery and bankruptcy practice
• Lawyers looking to build corporate litigation practice
• Law students looking to work in corporate law firms in commercial litigation team or in-house legal teams in large companies
• Law students looking to work in banks
• Lawyers working for real estate and debt sectors
• Lawyers working for technology and e-commerce companies with large outstanding debts (Amazon, Flipkart etc)
• Litigators who want to represent public and private sector banks, NBFC’s through retainer ships or be on their panels.

Training Methodology

Online 24/7 access

Access to basic study material through an online learning management system, Android and iOS app

Hard Copy Study Material

Hard copy study material modules to be couriered to your address

Practical Exercises

2 practical exercises every week, followed by written feedback total 80 exercises | Role play simulation exercises in cass | Weekly Mock, 48 in total

Live Online Classes

3 live video classes in a week.You can ask questions, share your screen, and get personal feedback in this class.

Convenient Class timings

Classes are held after regular work hours. Typically classes are kept on Weekends or after 8 pm on other days.

Live Doubt Clearing

You can ask questions, get your doubt cleared live as well as through online forums

Certification

This course is recognized by the National Skill Development Corporation, a PPP under the Ministry of Skill Development and Entrepreneurship of the Government of India. You will receive a certificate cobranded by NSDC and Skill India on successful completion.

This is how the certificate from NSDC and Skill India will look as per the current applicable format (may change as per the approval authorities):

Learning Objectives

• Learn about how you can be a pro in advising clients on the best corporate structure to choose;
• Learn about how you can master the procedures for merger and acquisition transactions specifically handled at NCLT level;
• Learn how to effectively deal with and get the desired results from the meeting of the members and creditors held for approval of a scheme of arrangement;
• Learn how to respond to and adequately address the observations of the Regional Director on a scheme of arrangement;
• Learn how to get a scheme of arrangement approved by the NCLT on behalf of a client;
• Learn how to advise the management on what needs to be done if a petition has been filed against oppression and mismanagement in the company;
• Learn who can apply to the NCLT for an investigation to be carried out into the affairs of the company and how to draft such an application;
• Learn about the core differences between financial creditors and operational creditors and how to identify which category a creditor falls into;
• Learn the steps in an insolvency resolution process;
• Learn how to advise a client on whether a transaction amounts to financial debt;
• Learn how to advise a creditor on whether an application for initiation of insolvency as a financial creditor can be filed;
• Learn what to include within an application for initiation of insolvency as a financial creditor so that its admitted;
• Learn how to advise a client on the prerequisites of an operational debt;
• Learn how to draft a demand notice in case of operational debt;
• Learn about how an application for initiation of insolvency as an operational debtor should be drafted so that it is admitted by the NCLT;
• Learn about what matters can be brought before the NCLT as an adjudicating authority under the Insolvency and Bankruptcy Code and for which matters it is not an appropriate forum;
• Learn what are the prerequisites for a company to initiate its own insolvency;
• Learn how to advise a client on whether it is advisable for a company to initiate its own insolvency;
• Learn how to file claims and submit the proof of claims with the resolution professional;
• Learn how to know if the  resolution professional has accepted or rejected your claim appropriately;
• Learn how to invite resolution plans from applicants from the point of view of the resolution professional and how to draft an invitation for an expression of interest;
• Learn about how resolution plans are accepted or rejected by the committee of creditors and the NCLT;
• Learn about which of the orders of the NCLT can be appealed against before the National Company Law Appellate Tribunal (NCLAT);
• Learn what is the procedure for filing an appeal before the NCLAT against the orders of the NCLT under the Companies Act, 2013 and under the Insolvency and Bankruptcy Code, 2016;
• Learn when and how a special leave petition can be filed before the Supreme Court against the orders of the NCLAT.
• Learn how to file a complaint with the Real Estate Regulation Authority
• Learn how to compound offences under RERA
• Practical understanding for using the conciliation forum for resolving disputes between builders and homeowners
• Learn how to file an appeal with the Real Estate Appellate Tribunal
• Learn how to file a consumer case against the promoters
• Gain clarity for advising clients for the GST applicable to their real estate transactions
• Learn how to advise homeowners on initiating insolvency proceedings against builders
• Learn how to initiate proceedings against the personal guarantors to corporate debtors and the pros and cons of filing insolvency claims against the company vis a vis those against the personal guarantors
• Learn about how the liquidation process works in the event that the NCLT does not approve the resolution plan;
• Learn about how exactly the security can be enforced under the SARFAESI Act;
• Learn how to draft demand and possession notices under SARFAESI as well as replies to demand notices;

Money Back Guarantee

If you take this course, follow it diligently for a month, do all the exercises but still do not find value in it, or not able to understand or follow it or not find it good for any reason, we will refund the entire course fee to you. It is a 100% money back guarantee with only one condition, you must pursue it properly for a month. If you don’t find it valuable after that, get your entire money back. How to get the refund? Read the detailed money back guarantee policy

View Refund Policy

Job And Internship Support

We are the only organisation in India which teaches this kind of comprehensive corporate and commercial litigation course. Many employers, lawyers, companies and law firms 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.

List of Weekly Exercises

• Draft an application on behalf of a financial creditor to initiate insolvency of a company
• Draft a demand notice under the IBC 2016
• Draft a reply to an application filed under Section 9 of the IBC 2016
• Draft an application under Section 10 of the IBC 2016
• Draft an objection to an application under section 10 of the IBC 2016
• Draft proof of claim for a financial creditor
• Draft a reasoned rejection of claim letter on behalf of the IRP
• Draft an application challenging the rejection of claim before the NCLT
• Draft an application to NCLT for replacement of IRP
• Draft a resolution plan
• Draft an application challenging approval/rejection of a resolution plan
• Draft an application for presenting resolution plan before NCLT
• Draft application for initiating liquidation of the company
• Prepare checklist on how to get a scheme of arrangement approved by the NCLT on behalf of a client;
• Draft an appeal to the NCLAT from the orders of the NCLT under the Companies Act, 2013 
• Draft an appeal to the NCLAT from the orders of the NCLT under the IBC 2016
• Drafting and filing a special leave petition before the Supreme Court against the orders of the NCLAT.
• Draft an application for initiation of insolvency of a personal guarantor to a corporate debtor
• Draft a demand notice and possession notice in the event of invoking security under the SARFAESI
• Draft a reply to a demand notice in case of SARFAESI
• Draft a Section 19 application by the bank under the Recovery of Debts and Bankruptcy Act, 1993
• Draft and filing a complaint with the Real Estate Regulatory Authority.
• Drafting application in relation to disputes & litigation related to succession of property
• Drafting and filing a civil suit with temporary injunction application against a developer
• Identification of the suitable forum for recovery and dispute resolution for a bank in view of given facts.