Letters Of Credit And Demand Guarantees Defences To Payment
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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.
The Independence Principle Of Letters Of Credit And Demand Guarantees
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Author : Nelson Enonchong
language : en
Publisher:
Release Date : 2011
The Independence Principle Of Letters Of Credit And Demand Guarantees written by Nelson Enonchong and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011 with categories.
Standby Letters Of Credit In International Trade
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Author : Ramandeep Kaur Chhina
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2012-12-01
Standby Letters Of Credit In International Trade written by Ramandeep Kaur Chhina 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 2012-12-01 with Law categories.
The question of what constitutes ‘fraud in the transaction’ with respect to international letters of credit varies considerably among jurisdictions. In proving allegations of fraud, it is crucial for the practitioner to know the relevant jurisdiction’s case law, especially if wider defences such as inducement, unconscionable conduct or bad faith must be invoked. In this book, the author argues that, whereas ‘fraud in the documents’ is generally sufficient in cases involving commercial letters of credit, standby letters of credit demand a wider fraud exception. The central issue – how wide that fraud exception should be – is what this book explores in depth.This author compares and critically examines the application of the fraud exception in four major trade jurisdictions – the United States, England, Canada, and Australia. With an overall focus on how each jurisdiction’s fraud tests treat the autonomy of standby letters of credit, she builds her arguments on such relevant sources and concepts as the following: when it can be shown that the beneficiary has ‘no bona fide belief’ in the validity of its claim demand guarantees; international initiatives (ICC Rules and the UN Convention on Independent Guarantee and Standby Letters of Credit); the Sztejn Rule; parameters of the ‘fraud in the transaction’ defence ‘materiality’ standard; prerequisites for injunctive relief; arguing ‘fraud in the formation of the contract’; performance bond cases; applying the ‘breach of good faith’ defence; ‘negative stipulation’ in the underlying contract; and equitable versus statutory/broader notion of unconscionability. The presentation includes detailed summaries and analyses of leading cases in all four jurisdictions. Lawyers and corporate counsel responsible for arguing claims or defences in letter of credit transactions will welcome the way the author's research and insight define the range of options in each case they handle. Academics also will appreciate the systematic way the book frames a complex area of international trade law.
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.
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
Lc Rules Laws
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Author : Institute of International Banking Law & Practice
language : en
Publisher:
Release Date : 2012
Lc Rules Laws written by Institute of International Banking Law & Practice and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012 with Banking law categories.
All the rules and laws that today's Letter of Credit & Guarantee specialist needs are here under one book cover: UCP600; ISBP (2007); ISP98; URDG 758; URC 522; URR 725; US Rev. UCC Article 5; Chinese LC Rules; UN LC Convention; and much more. Preceding each item, an overview provides brief background on the history and significance of each set of rules or laws.
Principles Of International Economic Law 3e
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Author : Matthias Herdegen
language : en
Publisher: Oxford University Press
Release Date : 2024-07-04
Principles Of International Economic Law 3e written by Matthias Herdegen 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 2024-07-04 with Business & Economics categories.
Herdegen's Principles of International Economic Law has established itself as a leading textbook in the field. This fully updated third edition covers areas of growing relevance in international economic law, including corporate social responsibility, challenges for WTO law, the impact of human rights and environmental law, and cryptocurrencies.
Bank Guarantees In International Trade
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Author : Roeland I. V. F. Bertrams
language : en
Publisher: ICC Publishing
Release Date : 2004
Bank Guarantees In International Trade written by Roeland I. V. F. Bertrams and has been published by ICC Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004 with Bail categories.
Bank Guarantees in International Trade is a comprehensive study of the legal and practical aspects and implications of independent (first demand) guarantees and standby letters of credit. It serves to broaden the understanding of the law on the subject of bank guarantees, while placing marked emphasis upon the practical issues which can arise in the daily functioning of these legal instruments.
Equity Trusts And Commerce
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Author : Paul S Davies
language : en
Publisher: Bloomsbury Publishing
Release Date : 2017-05-18
Equity Trusts And Commerce written by Paul S Davies and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-05-18 with Law categories.
This collection of essays, written by leading commentators from across the common law world, examines a range of topics concerning Equity and Trusts in the commercial context. The essays investigate the way in which doctrines derived from the equitable jurisdiction interact with and shape various areas of the law, including company law, commercial law and agency law. Subjects considered include the difficulties in identifying trust assets in the commercial context; the court's role in supervising the trust; and the remedies available in cases of fiduciary or trustee wrongdoing. This book will be of interest to both academics and practitioners working in these difficult areas of equity and commercial law.
Unconscionable Conduct In Commercial Transactions
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Author : Garth Wooler
language : en
Publisher: Cambridge Scholars Publishing
Release Date : 2018-11-02
Unconscionable Conduct In Commercial Transactions written by Garth Wooler and has been published by Cambridge Scholars Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-11-02 with Law categories.
This book looks at the historical use of allegations of unconscionable conduct within the context of independent trade finance instruments, such as letters of credit and demand guarantees. It makes a detailed survey of the law of unconscionable conduct, the complexities of the doctrine of independence, and the circumstances where the former prevails to provide relief from abuse. It also completes a wide–ranging, sequential audit of the relevant case law in both Singapore and Australia where unconscionable conduct was alleged in independent instrument matters. The audit examines every case along the lines of precedent and details the contribution each makes to the law. Focussing on the jurisdictions of Singapore, Australia, and Malaysia, the book lays out the case for the broad adoption of unconscionable conduct in this domain. With its premises founded in precedent and statute, it describes the elements of independent instrument unconscionability as already laid down in law and links it to international banking practice.