Demand Guarantees In International Trade
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Demand Guarantees In International Trade
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Author : Anthony Pierce
language : en
Publisher:
Release Date : 1993
Demand Guarantees In International Trade written by Anthony Pierce and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1993 with Bail categories.
Provides a practical guide to the law relating to all forms of pollution arising on agricultural land. This book first reviews general environmental laws as they apply to agriculture, then describes the different forms of farm pollution, examining the relevant law for each one
Bank Guarantees In International Trade
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Author : Roeland F. Bertrams
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2013-01-06
Bank Guarantees In International Trade written by Roeland F. Bertrams and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-01-06 with Law categories.
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.
Bank Guarantees In International Trade The Law And Practice Of Independent First Demand Guarantees And Standby Letters Of Credit In Civil Law And Common Law Jurisdictions
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Author : R. Bertrams
language : en
Publisher: Springer
Release Date : 1996-04-29
Bank Guarantees In International Trade The Law And Practice Of Independent First Demand Guarantees And Standby Letters Of Credit In Civil Law And Common Law Jurisdictions written by R. Bertrams and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 1996-04-29 with Law categories.
A number of practical implications and issues can arise in the daily functioning of independent (first demand) guarantees and standby letters of credit. Bank Guarantees in International Trade provides a comprehensive, highly readable study of the legal and practical aspects and implications of these instruments, broadening the reader's understanding of the law on the subject. This work comprises all reported case law from the Netherlands, Germany, France, The United Kingdom, and Belgium and also takes into account the law in certain other European countries And The United States. it examines the governing law of bank guarantees in numerous regions, particularly within the Middle East and North Africa. The Appendix includes, among other materials, The text of the 1992 ICC Uniform Rules for Demand Guarantees, The 1995 UNCITRAL Convention, and many sample texts. Its transnational perspective enhances the value of this work, making it useful in other jurisdictions. This second edition contains thoroughly revised, updated, and amended material which reflects new developments in the law and changing patterns in practice and accounts For The introduction of new techniques and problem areas. Bankers and lawyers in particular will find Bank Guarantees in International Trade an insightful and informative work.
Bank Guarantees In International Trade
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Author : Roeland Irenius Vincent Felix Bertrams
language : en
Publisher:
Release Date : 1990
Bank Guarantees In International Trade written by Roeland Irenius Vincent Felix Bertrams and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1990 with Banks and banking, International categories.
Guide To Icc Uniform Rules For Demand Guarantees Urdg 758
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Author : Georges Affaki
language : en
Publisher:
Release Date : 2011
Guide To Icc Uniform Rules For Demand Guarantees Urdg 758 written by Georges Affaki and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011 with Banks and banking, International categories.
Letters Of Credit And Demand Guarantees Defences To Payment
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Author : Deborah Horowitz
language : en
Publisher: Oxford University Press
Release Date : 2010-06-10
Letters Of Credit And Demand Guarantees Defences To Payment written by Deborah Horowitz and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-06-10 with Business & Economics categories.
This book is the first to provide an extensive analysis of the range of defences to payment under letters of credit and demand guarantees. It considers the extent to which different defences undermine the abstraction of these instruments. This is a fundamental issue, since letters of credit and demand guarantees are designed to be abstract, or autonomous, from the underlying contract that called for their use. The purpose of that abstraction is to provide certainty of payment, but the various defences diminish that certainty. The book examines the spectrum of defences that are frequently litigated and debated in international practice: fraud in the documents, nullity, fraud affecting deferred payment letters of credit, fraud as no honest belief, unconscionable conduct and illegality. Vitally, the book provides analysis of the relevant judicial decisions and offers clear practical guidance on which defences are most suitable for each instrument. As the instruments are heavily used in international trade, this work is particularly suited to financial and commercial law practitioners who draft agreements, as well as those who advise on disputes concerning these instruments. Accessible and engaging, the book is also relevant for academics and students.
Isbp
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Author :
language : en
Publisher: ICC Publications
Release Date : 2003
Isbp written by and has been published by ICC Publications this book supported file pdf, txt, epub, kindle and other format this book has been release on 2003 with Business & Economics categories.
International Standard Banking Practice (ISBP) for the examination of documents under documentary credits, answers the most relevant questions practitioners have concerning how UCP 500, ICC's universally used rules on documentary credits, are to be integrated into day-to-day practice. The product of more than two years of work by the ICC Banking Commission, ISBP is based on the official Opinions issued by the Banking Commission in response to queries submitted by users of UCP 500. The text provides responses to the key questions relating to the examination of drafts, multimodal transport documents, insurance documents, certificates of origin and a range of other documents associates with letters of credit. This publication reflects international standard banking practice for all parties to a documentary credit. Figures show that 60%-70% of credits are rejected for discrepancies on first presentation. The new ISBP, by encouraging a uniformity of practice worldwide, is expected to cut these figures dramatically and, by doing so, to facilitate the flow of world trade.
Demand Guarantees
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Author : Thanuja Rodrigo
language : en
Publisher:
Release Date : 2015-06-26
Demand Guarantees written by Thanuja Rodrigo and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-06-26 with Contracts categories.
Demand Guarantees: Operation, Enforcement and the Autonomy Principle explains both the practical use and theoretical aspects of demand guarantees. It examines the fundamental principle of autonomy upon which demand guarantees operate in international trade and construction projects. Format: Paperback Once published, this title will also be available in eBook format. [eISBN: 9780409341331] Drawing upon the contractual doctrine of freedom of contract and public policy reasons justifying the judicial intervention in the enforcement of demand guarantees, this book considers the extent to which judicial intervention, through exceptions to the principle of autonomy, can be recognised and justified. The author provides a comparative examination of the relevant legal position in Australia, the United Kingdom, Singapore, Malaysia, India and Sri Lanka, with detailed analysis of the extracts from leading cases and the International Chamber of Commerce Uniform Rules for Demand Guarantees (URDG 758). It provides an ideal resource for practitioners and students in the field of international trade law or construction contracts. The key topics covered include: oÂeo the principle of autonomy oÂeo the fraud exception oÂeo the unconscionability exception oÂeo interim injunctions oÂeo justifications for judicial intervention Features oÂeo Comprehensive discussion of fraud and unconscionability as exceptions to the autonomy of demand guarantees oÂeo Identifies the requirements for granting interim injunctions restraining fraudulent and unconscionable demands oÂeo Provides policy and theoretical justifications for judicial intervention in the enforcement of demand guarantees. oÂeo Includes comparative analysis of recent legal developments in Australian, England, Singapore, Malaysia, India and Sri Lanka. Related LexisNexis Titles Mo, International Commercial Law, 5th edition, 2012
Icc Uniform Rules For Demand Guarantees
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Author : International Chamber of Commerce
language : en
Publisher:
Release Date : 2010
Icc Uniform Rules For Demand Guarantees written by International Chamber of Commerce and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010 with Suretyship and guaranty categories.
Payment Methods And Finance For International Trade
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Author : Sang Man Kim
language : en
Publisher: Springer Nature
Release Date : 2020-09-30
Payment Methods And Finance For International Trade written by Sang Man Kim and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-09-30 with Law categories.
This book explains various methods of payment in international trade and trade finance schemes for international trade. It also presents an overview of the concepts, purposes, features, and risks of international trade. A grasp of the features and risks of international trade facilitates a better understanding of the numerous methods of payment in international trade and the relevant trade finance schemes, which is essential to success in international trade transactions. In order to complete an international trade transaction, depending on the terms, both parties need access to funds. Compared with large companies, small and medium-sized enterprises (SMEs), frequently face difficulties in raising capital or funds, but financing an international trade transaction is often the key to its successful completion. As such, selecting an appropriate financing mechanism from the various options available is vital. This book offers a systematic overview of international trade and payment together with trade finance, providing instructive examples and illustrations of trade documents, each method of payment, and trade finance including export credit insurance or guarantee.