The Law of Documentary Letters of Credit in Comparative Perspective
| Author | : A. N. Oelofse |
| Publisher | : |
| Total Pages | : 700 |
| Release | : 1997 |
| Genre | : Documentary credit |
| ISBN | : |
The Law Of Documentary Letters Of Credit In Comparative Perspective
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The Fraud Rule in the Law of Letters of Credit:A Comparative Study
| 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.
The Law and Practice of Documentary Letters of Credit
| Author | : Peter Ellinger |
| Publisher | : Hart Publishing |
| Total Pages | : 0 |
| Release | : 2010-01-01 |
| Genre | : Law |
| ISBN | : 9781841136738 |
Letters of credit have retained their role as an instrumentality for the financing of foreign trade. An understanding of the law and practice in point is imperative for lawyers advising business people and bank clients, as well as for the banking and trading communities. The book examines the topic on the basis of the common law system, primarily UK law, and adopts an approach that is analytical and not merely descriptive. Letter of credit transactions are, by their nature, international and most nations have adopted the Uniform Customs and Practices ("UCP") originally promulgated by the International Chamber of Commerce (ICC) in 1933 and updated from time to time. Today, the UCP constitutes a code of internationally accepted rules governing letter of credit transactions. The authors have therefore selectively incorporated some comparative discussion, for instance, of the position in the USA and Europe. The book will be an essential work of reference for commercial lawyers in all the major financial centres of Europe, America and Asia.
Principles of International Trade Law as a Monistic System
| Author | : Hercules Booysen |
| Publisher | : Interlegal cc |
| Total Pages | : 925 |
| Release | : 2003 |
| Genre | : |
| ISBN | : 0958418152 |
Commercial Law Reports 2000
| Author | : |
| Publisher | : The Law Publisher CC |
| Total Pages | : 315 |
| Release | : 2000-12-31 |
| Genre | : |
| ISBN | : |
Commercial Law judgments, South Africa
Trade Finance
| Author | : Christopher Hare |
| Publisher | : Oxford University Press |
| Total Pages | : 384 |
| Release | : 2021-07-01 |
| Genre | : Law |
| ISBN | : 0192596675 |
Trade Finance provides a much-needed re-examination of the relevant legal principles and a study of the challenges posed to current legal structures by technological changes, financial innovation, and international regulation. Arising out of the papers presented at the symposium, Trade Finance for the 21st Century, this collection brings together the perspectives of scholars and practitioners from around the globe focusing on core themes, such as reform and the future role of the UCP, the impact of technology on letters of credit and other forms of trade finance, and the rise of alternative forms of financing. The book covers three key fields of trade finance, starting with the challenges to traditional trade financing by means of documentary credit. These include issues related to contractual enforceability, the use of "soft clauses", the doctrine of strict compliance, the fraud exception, the role of the correspondent bank, performance bonds, and conflict of laws problems. The second main area covered by the work is the technological issues and opportunities in trade finance, including electronic bills of exchange, blockchain, and electronically transferable records. The final part of the work considers alternative and complementary trade finance mechanisms such as open account trading, supply-chain financing, the bank payment obligation, and countertrade.
Transnational Commercial and Consumer Law
| Author | : Toshiyuki Kono |
| Publisher | : Springer |
| Total Pages | : 238 |
| Release | : 2018-08-27 |
| Genre | : Law |
| ISBN | : 9811310807 |
This book explores current developments in transnational commercial and consumer law. It features essays written by leading experts, many of who have taken part in the negotiation and formulation of the international instruments they discuss here. The contributors look at issues arising from the profound changes that globalization is having on the legal norms governing commercial and consumer transactions, both domestic and transnational. They consider how relations between private actors, state regulators, and national courts are being completely reconfigured. This, in turn, generates pressures for legal harmonization and creates opportunities for new national and transnational legal norms and procedures to develop. The contributions address both the dynamics and the substance of these developments. Topics included are the UNCITRAL Model Law on secured transactions and on cross-border insolvency, the ICC Uniform Customs and Practices of Documentary Credits (UCP 600), and the dispute resolution mechanism and practices of the World Trade Organization. The content was formerly presented as papers at the 18th Biennial Meeting of the International Academy of Commercial and Consumer Law (the International Academy) at Kyushu University, Japan. Overall, this book provides readers with a solid theoretical foundation and strong familiarity with the practice of law and international commerce, offering realistic and practical conclusions.
Dalhuisen on Transnational and Comparative Commercial, Financial and Trade Law Volume 5
| Author | : Jan H Dalhuisen |
| Publisher | : Bloomsbury Publishing |
| Total Pages | : 488 |
| Release | : 2022-06-16 |
| Genre | : Law |
| ISBN | : 1509949615 |
“... presents a very different case: that of a civilized and cultivated cosmopolitan legal scholar, with a keen sense of international commercial and financial practice, with an in-depth grounding in both comparative legal history and comparative law, combined with the ability to transcend conventional English black-letter law description with critical judgment towards institutional wisdom and intellectual fashions.” (International and Comparative Law Quarterly) Volume 5 of this new edition uses the insights developed in Volumes 3 and 4 to deal with financial products and financial services, the structure and operation of banking and of the capital markets, and the role of modern commercial and investment banks. Sections on products and services address the blockchain and its potential in the payment system, in securitisations, in the custodial holdings of investment securities, and in the derivative markets. The complete set in this magisterial work is made up of 6 volumes. Used independently, each volume allows the reader to delve into a particular topic. Alternatively, all volumes can be read together for a comprehensive overview of transnational comparative commercial, financial and trade law.
International Trade and Business Law Review: Volume XI
| Author | : Gabriel Moens |
| Publisher | : Routledge |
| Total Pages | : 458 |
| Release | : 2012-11-12 |
| Genre | : Business & Economics |
| ISBN | : 1136025987 |
The International Trade and Business Law Review publishes leading articles, comments and case notes, as well as book reviews dealing with international trade and business law, arbitration law, foreign law and comparative law. It provides the legal and business communities with information, knowledge and understanding of recent developments in international trade, business and international commercial arbitration. The Review contributes in a scholarly way to the discussion of these developments while being informative and having practical relevance to business people and lawyers. It also devotes a section to the Willem C. Vis International Commercial Arbitration Moot and publishes the memoranda prepared by teams coached by Professor Gabriël A. Moens. The Review is edited at the Murdoch University School of Law in Perth, Australia. The Editors-in-Chief are Mr Roger Jones, Partner, Latham & Watkins LLP, Chicago and Gabriël A. Moens, Dean and Professor of Law, Murdoch Law School. It is an internationally-refereed journal. The Review is supervised by an international board of editors that consists of leading international trade law practitioners and academics from the European Union, the United States, Asia and Australia. The Student Editors for Volume XI are Adam Totaro and Peter Clay from the Murdoch Law School.
Letters of Credit and Demand Guarantees: Defences to Payment
| 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.
