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Standby Letters Of Credit In International Trade

Author: Ramandeep Kaur Chhina
Publisher:
ISBN: 9789041145604
Size: 41.40 MB
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This thesis puts forward two principal arguments. First, it argues that commercial letters of credit and standby letters of credit should not be treated on an equal footing. They are, and should be, treated as two separate undertakings with respect to the application of the fraud exception. Secondly, the thesis argues that there should be a 'wider' fraud exception for standby letters of credit; however, the need is to explore how wide that fraud exception should be. To support the arguments of this thesis, the study examines the application of the fraud exception in four major jurisdictions: the US, England, Canada and Australia. Out of these four jurisdictions, two - the US and Canada - have been expressly applying the wider fraud test to standby letters of credit and the other two have traditionally applied the more stringent fraud test to standby credits. The research will compare and critically examine these four jurisdictions' approaches to their different tests of the fraud rule to standby letters of credit, and argue that the fraud rule for standby letters of credit should neither be too narrow ('fraud in documents') nor should it be too wide (fraud in the inducement or unconscionable conduct or bad faith). It is argued that standby letters of credit are more abstract than commercial letters of credit; therefore, protecting the principle of the autonomy of these independent undertakings is of paramount importance. The study argues that even the wider fraud exception (the 'fraud in the transaction' defence) should be given a narrow meaning: in order to protect the independence of standby credits, it should be confined to cases in which the beneficiary had 'no bona fide belief in the validity of its claim. The thesis clearly shows that the wider 'fraud as no bona fide claim' is an appropriate fraud defence for standby letters of credit whereas for commercial letters of credit the fraud exception should be narrowly confined to 'fraud in documents', which is arguably an appropriate test for these undertakings.

Bank Guarantees In International Trade

Author: Roeland I. V. F. Bertrams
Publisher: Kluwer Law International
ISBN: 9041122435
Size: 13.50 MB
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For decades, this remarkable book - now in its updated fourth edition - has served practitioners in international trade and banking law as a thorough 'codification' of the law and practice of bank guarantees. The new edition has been thoroughly revised, updated, and amended in the light of new developments in the law and changing patterns in practice. Bertrams uses case law, arbitral decisions, and legal writing from five European jurisdictions - The Netherlands, Germany, France, Belgium, and England - to build an analysis of how the practical applications of bank guarantees have established a pattern of law. The new edition takes into account all legal and arbitral decisions and relevant legal writing through 2012 from these countries, as well from other European countries and the United States. Written from a transnational perspective, Bank Guarantees in International Trade can be used in both civil and common law jurisdictions and it has been cited as an authoritative source of case law in several jurisdictions from each system. With reference throughout to the effect and significance of the Uniform Rules for Demand Guarantees (URDG) of the International Chamber of Commerce, International Standby Practices (ISP), and the UNCITRAL Convention on Independent Guarantees and Stand-by Letters of Credit, the author continuously elucidates the way guarantees function in actual practice and the numerous practical aspects and issues to which they give rise. The analysis covers the following subjects and much else: types of guarantee (tender, performance, maintenance, repayment, retention); payment mechanisms (first demand, third-party documents, arbitral or court decision); risks and negotiations, drafting and clauses; bank guarantees as a financial service, the bank's perspective; direct and indirect guarantees, counter-guarantees; formation, enforceability of expiry dates, assignment and transfer; demand for payment and the rule of strict compliance; fraud and restraining orders; applicable law and jurisdiction; reference to URDG 2010 revision and ISP98 throughout the text. In addition to his thorough coverage of law and legal writing, the author has drawn on intensive contacts with the banking community, construction firms, export credit insurance companies, and local lawyers. His insight into 'the daily life' of the world of independent (first demand) guarantees and the practices, difficulties, and peculiarities in a great number of countries and regions, including the Middle East and North Africa, cannot be matched in any other source. Bank guarantees can present major difficulties, and this book is the lawyer's best guide in any situation likely to arise. As a comprehensive study of the legal and practical aspects of bank guarantees and standby letters of credit, it offers practitioners in international trade law the most complete analysis of banking law in the field. In its wealth of practical detail, it is unlikely to be surpassed.

International Lawyer S Deskbook

Author: Lucinda A. Low
Publisher: American Bar Association
ISBN: 9781590311448
Size: 51.59 MB
Format: PDF
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Areference tool for lawyers facing international legal problems outside their own areas of expertise.

Bank Guarantees In International Trade

Author: Roeland F. Bertrams
Publisher:
ISBN: 9789041122575
Size: 73.53 MB
Format: PDF, ePub, Docs
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For decades, this remarkable book now in its updated fourth edition has served practitioners in international trade and banking law as a thorough codification of the law and practice of bank guarantees. The new edition has been thoroughly revised, updated, and amended in the light of new developments in the law and changing patterns in practice. Bertrams uses case law, arbitral decisions, and legal writing from five European jurisdictions The Netherlands, Germany, France, Belgium, and England to build an analysis of how the practical applications of bank guarantees have established a pattern of law. The new edition takes into account all legal and arbitral decisions and relevant legal writing through 2012 from these countries, as well from other European countries and the United States. Written from a transnational perspective, Bank Guarantees in International Trade can be used in both civil and common law jurisdictions and it has been cited as an authoritative source of case law in several jurisdictions from each system. With reference throughout to the effect and significance of the Uniform Rules for Demand Guarantees (URDG) of the International Chamber of Commerce, International Standby Practices (ISP), and the UNCITRAL Convention on Independent Guarantees and Stand-by Letters of Credit, the author continuously elucidates the way guarantees function in actual practice and the numerous practical aspects and issues to which they give rise. The analysis covers the following subjects and much else: types of guarantee (tender, performance, maintenance, repayment, retention); payment mechanisms (first demand, third-party documents, arbitral or court decision); risks and negotiations, drafting and clauses; bank guarantees as a financial service, the bank s perspective; direct and indirect guarantees, counter-guarantees; formation, enforceability of expiry dates, assignment and transfer; demand for payment and the rule of strict compliance; fraud and restraining orders; applicable law and jurisdiction; reference to URDG 2010 revision and ISP98 throughout the text. In addition to his thorough coverage of law and legal writing, the author has drawn on intensive contacts with the banking community, construction firms, export credit insurance companies, and local lawyers. His insight into the daily life of the world of independent (first demand) guarantees and the practices, difficulties, and peculiarities in a great number of countries and regions, including the Middle East and North Africa, cannot be matched in any other source. Bank guarantees can present major difficulties, and this book is the lawyer s best guide in any situation likely to arise. As a comprehensive study of the legal and practical aspects of bank guarantees and standby letters of credit, it offers practitioners in international trade law the most complete analysis of banking law in the field. In its wealth of practical detail, it is unlikely to be surpassed."

The Handbook Of International Trade And Finance

Author: Anders Grath
Publisher: Kogan Page Publishers
ISBN: 0749475994
Size: 56.20 MB
Format: PDF, ePub, Mobi
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International trade, and its financing, is now a key component of many undergraduate and postgraduate qualifications. For anyone involved in international sales, finance, shipping and administration, or for those studying for academic or professional qualifications in international trade, The Handbook of International Trade and Finance offers an extensive and topical explanation of the key finance areas. This essential reference resource provides the information necessary to help you to reduce risks and improve cash flow, identify the most competitive finance alternatives, structure the best payment terms, and minimize finance and transaction costs. This fully revised and updated 4th edition of The Handbook of International Trade and Finance also describes the negotiating process from the perspectives of both the buyer and the seller, providing valuable insight into the complete financing process, and covering key topics such as: trade risks and risk assessment; structured trade finance; methods and terms of payment; currency risk management and bonds, guarantees and standby letters of credit. The Handbook gives a complete and thorough assessment of all the issues involved in constructing, financing and completing a cross-border transaction and is an indispensable guide for anyone who deals with international trade. It also includes a section on risk management, which plays an increasingly important role in international trade from currency fluctuations to political risk and natural disasters. N.B. The book covers the principles of international trade and finance that are common across the globe and is relevant to anyone wanting to understand the subject, wherever they are located. Specific national issues (eg the UK's Brexit decision) do not affect the content. Online supporting resources for this book include a powerpoint summary of each chapter

International Trade Law

Author: Indira Carr
Publisher: Routledge
ISBN: 1317973976
Size: 27.82 MB
Format: PDF, Mobi
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"International Trade Law offers comprehensive analysis of international sale transactions through case law, policy documents, legislation, international conventions and rules adopted by international organisations such as the ICC."--

United Nations Commission On International Trade Law Yearbook

Author: United Nations Commission on International Trade Law
Publisher: United Nations Publications
ISBN: 9789211336467
Size: 78.78 MB
Format: PDF, ePub
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The Yearbook covers the Commission's report on its work as well as related documents, studies, reports and notes, and the action thereon by UNCTAD and the General Assembly. It also covers specific subjects such as assignment in receivables financing; electronic commerce; and privately financed infrastructure projects.

The Law Of Letters Of Credit And Bank Guarantees

Author: Agasha Mugasha
Publisher: Federation Press
ISBN: 9781862872202
Size: 12.59 MB
Format: PDF, Kindle
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The aim of this book is to present the Australian law of letters of credit and bank guarantees. It inexorably presents overseas literature as well because the subject is by nature international and comparative, and Australian courts readily cite overseas literature, particularly from the United States, England and Canada. Hence the book focuses on the available Australian literature and utilizes some limited overseas authorities which make Australian law whole and the book more understandable. - From the Preface