The Independence Principle Of Letters Of Credit And Demand Guarantees
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Author | : Nelson Enonchong |
Publisher | : OUP Oxford |
Total Pages | : 0 |
Release | : 2011-04-07 |
Genre | : Law |
ISBN | : 9780199239719 |
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.
Author | : Xiang Gao |
Publisher | : Kluwer Law International B.V. |
Total Pages | : 222 |
Release | : 2002-01-01 |
Genre | : Law |
ISBN | : 9041198989 |
"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.
Author | : Deborah Horowitz |
Publisher | : Oxford University Press |
Total Pages | : 273 |
Release | : 2010-06-10 |
Genre | : Business & Economics |
ISBN | : 0199588538 |
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.
Author | : Garth Wooler |
Publisher | : Cambridge Scholars Publishing |
Total Pages | : 292 |
Release | : 2018-11-02 |
Genre | : Law |
ISBN | : 1527520900 |
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.
Author | : Michael Gudger |
Publisher | : Food & Agriculture Org. |
Total Pages | : 154 |
Release | : 1998 |
Genre | : Political Science |
ISBN | : 9789251041734 |
The problem of collateral is a daily issue for lenders and causes much debate in the development finance community. Given the difficulties experienced in arranging traditional forms of loan security, such as land or chattel mortgages, various collateral substitutes have been proposed. Among the substitutes for traditional collateral is the loan guarantee. Guarantee systems for loans have been proposed, planned and implemented in various countries. The assumption made by proponents of such a service is that the guarantee organization is either better informed about the risk of the loan than the lender or it is better structured financially to be able to manage the risk. Despite the apparent attractiveness of a loan guarantee, the empirical evidence available gives little encouragement. Nevertheless, interest in guarantees continues.
Author | : |
Publisher | : Lulu.com |
Total Pages | : 294 |
Release | : 2004 |
Genre | : Bank capital |
ISBN | : 9291316695 |
Author | : International Chamber of Commerce |
Publisher | : ICC Publishing |
Total Pages | : 94 |
Release | : 1998 |
Genre | : Business & Economics |
ISBN | : |
Author | : American Bar Association. House of Delegates |
Publisher | : American Bar Association |
Total Pages | : 216 |
Release | : 2007 |
Genre | : Law |
ISBN | : 9781590318737 |
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Author | : Timothy Irwin |
Publisher | : World Bank Publications |
Total Pages | : 230 |
Release | : 2007 |
Genre | : Business & Economics |
ISBN | : 0821368591 |
The book considers when governments should give guarantees to private investors. After describing the history of guarantees, and the challenges the politics and psychology create for good decisions, the book sets out a principles for allocating risk (and therefore guarantees), techniques for valuing guarantees, and rules to encourage good decisions.
Author | : Stephen A. Jones |
Publisher | : Springer |
Total Pages | : 546 |
Release | : 2018-11-13 |
Genre | : Business & Economics |
ISBN | : 331995735X |
Trade and Receivable Finance provides the definitive practical guide to the evaluation and mitigation of risk and the financing of international trade. This authoritative manual is built upon more than 42 years of experience in the trade and receivables finance market and carries the endorsement of The London Institute of Banking and Finance. The contents are comprehensive incorporating clause examples, specimen documents, financier checklists and diagrams. The traditional method of commercial lending assessment places primary importance on the ability of the borrower to repay the financier. However, this form of evaluation often results in insufficient credit appetite to release the required level of financial support for a company involved in cross border trade. When a trade-related proposition is properly evaluated so that the transactional risks are fully understood and mitigated to an acceptable level, and the source of repayment is identifiable and considered reliable, a well-structured trade and receivables finance facility reduces the risk of default when compared to conventional lending products and can generate additional credit appetite. This book will become a constant ‘go-to’ companion for transaction banking teams, bank relationship managers, specialist client-facing trade and invoice finance specialists, middle and back office trade advisory personnel, credit analysts, alternative market financiers, export development agencies and credit insurers. The techniques described in this book are applied to an extensive range of international trade scenarios inThe Trade and Receivables Finance Companion: A Collection of Case Studies and Solutions (Palgrave, 2020).