The Independence Principle Of Letters Of Credit And Demand Guarantees
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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.
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.
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.
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.
The Independence Principle Of Letters Of Credit And Demand Guarantees
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Author : Nelson Enonchong
language : en
Publisher: OUP Oxford
Release Date : 2011-04-07
The Independence Principle Of Letters Of Credit And Demand Guarantees written by Nelson Enonchong and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-04-07 with Law categories.
The Independence Principle of Letters of Credit and Demand Guarantees offers a comprehensive and authoritative analysis of the principle of independence, a fundamental element of Letters of Credit and Demand Guarantees. It explores the parameters of this principle and the increasing exceptions to it.
The Fraud Rule In The Law Of Letters Of Credit A Comparative Study
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Author : Xiang Gao
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2002-01-01
The Fraud Rule In The Law Of Letters Of Credit A Comparative Study written by Xiang Gao 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 2002-01-01 with Law categories.
"Dr. Gao finds the best provisions and practices in respect of the fraud rule in the United States, the United Kingdom, Canada, and Australia, and applies these standards to the reformulation of the fraud rule in the PRC. In the process be surveys the entire field of the fraud rule in the law of letters of credit in its substantive aspects, thus going deeper than mere banking law analyses and revealing, for the benefit of jurists everywhere, the fundamental legal issues that must underlie all sound judicial reasoning in the area. In more practical terms, this approach also allows judges to meet their essential responsibility - that of giving an answer when a case is put before them - with the widest and best possible degree of discernment."--BOOK JACKET.
The Law Of Letters Of Credit
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Author : John F. Dolan
language : en
Publisher: Warren Gorham & Lamont
Release Date : 1991
The Law Of Letters Of Credit written by John F. Dolan and has been published by Warren Gorham & Lamont this book supported file pdf, txt, epub, kindle and other format this book has been release on 1991 with Letters of credit categories.
This treatise addresses all standby and commercial letter of credit problems and provides guidance through the case law under UCC Article 5. Establishing, amending, and terminating the letter of credit is discussed in detail.
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.
Standby And Commercial Letters Of Credit
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Author : Brooke Wunnicke
language : en
Publisher: Wolters Kluwer
Release Date : 2000-10-01
Standby And Commercial Letters Of Credit written by Brooke Wunnicke and has been published by Wolters Kluwer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2000-10-01 with Business & Economics categories.
Standby and Commercial Letters of Credit, Third Edition alerts you to current developments and discusses the recent UCP600, former UCP500, ISP98, UCC Article 5, and current trade practices and problems. The authors review letter of credit law and practices, helping to resolve concerns of applicants, beneficiaries, and issuers. This essential resource includes: Sample forms and clauses, procedures and checklists Current court cases and extensive Table of Cases What can happen to letters of credit in bankruptcy and insolvency proceedings Fraud and injunction nightmares Cross-reference table UCP600 and UCP500 Strategies for bank reimbursement agreements Standby and Commercial Letters of Credit, Third Edition gives you immediate guidance when you need it most. And it supplies real-world letters of credit situations, with analyses of what was done right and wrong.
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.