The Fraud Rule in the Law of Letters of Credit:A Comparative Study

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.

International Trade Finance

International Trade Finance
Author: Tarsem Bhogal
Publisher: Springer Nature
Total Pages: 371
Release: 2019-10-02
Genre: Business & Economics
ISBN: 3030245403

The 21st century has witnessed swift change in every sphere of the human endeavour. Regulatory re-alignment, digitalisation and economic and political developments have contributed to paradigm shift in banking, trade, finance and the shipping industry virtually transforming the landscape. International Trade Finance is an essential tool for bankers, exporters/importers, shippers, consultants, teachers and students navigating the procedures of international trade finance. The book addresses basic topics relating to international trade including letters of credit mechanism, collections of bills, trade customs and practice. New to this revised edition, it covers SWIFT updates, supply chain system, UKEF, Blockchain technologies, the implications of BREXIT, NAFTA, Mexico, Canada and other bilateral agreements and their implications, the US sanctions, terrorist financing and anti-money laundering provisions, and a check list to control financial crime risks in trade finance. The extended metaphor of the book is that of an arm chair tour covering fundamentals to the nuances of the hard core of the subject matter and enabling the readers to deal with complicated implementation issues in a forthright and comprehensive fashion.

Research Handbook on International Commercial Contracts

Research Handbook on International Commercial Contracts
Author: Andrew Hutchison
Publisher: Edward Elgar Publishing
Total Pages: 368
Release: 2020-12-25
Genre: Law
ISBN: 178897106X

This comprehensive Research Handbook examines the continuum between private ordering and state regulation in the lex mercatoria, highlighting constancy and change in this dynamic and evolving system in order to offer an in-depth discussion of international commercial contract law. International scholars from a range of jurisdictions and legal cultures across Africa, North America and Europe, dissect a plethora of contract types, including sale, insurance, shipping, credit, negotiable instruments and agency against the backdrop of key legal regimes commonly chosen in international agreements.

Standby and Commercial Letters of Credit

Standby and Commercial Letters of Credit
Author: Brooke Wunnicke
Publisher: Wolters Kluwer
Total Pages: 1690
Release: 2000-10-01
Genre: Business & Economics
ISBN: 0735517339

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.

The Trade and Receivables Finance Companion

The Trade and Receivables Finance Companion
Author: Stephen A. Jones
Publisher: Springer Nature
Total Pages: 448
Release: 2020-02-14
Genre: Business & Economics
ISBN: 303025139X

The Trade and Receivables Finance Companion: A Collection of Case Studies and Solutions is based on the author’s personal experience gained through more than 40 years in the field of trade finance. This Companion applies the techniques described in his first volume, Trade and Receivables Finance: A Practical Guide to Risk Evaluation and Structuring to an extensive range of international trade scenarios. Practical solutions are discussed and presented through a specially selected collection of more than 20 case studies. These books provide an unrivalled and highly practical set of manuals for the trade and receivables financier. The reader is taken on a journey from the structuring of trade products including collections, import and export letters of credit, back to back credits, guarantees and standby credits to fully and partially structured financing solutions for the importer, manufacturer, distributor, middle-party and exporter. Each funding technique provides a compelling alternative to an overdraft. The case studies include the risk assessment and financing of open account payables, stock and receivables transactions and the evaluation and use of credit insurance as a supporting tool. The structuring of commodity finance across the trade cycle, to include warehousing, and call-off is also described. Many of the chapters contain a summary ‘keynote’ overview and comprehensive ‘deal sheet’ extracts of the chosen solution detailing facility and operational requirements.

Emerging Market Bank Lending and Credit Risk Control

Emerging Market Bank Lending and Credit Risk Control
Author: Leonard Onyiriuba
Publisher: Academic Press
Total Pages: 739
Release: 2015-08-03
Genre: Law
ISBN: 0128034475

Using a framework of volatile markets Emerging Market Bank Lending and Credit Risk Control covers the theoretical and practical foundations of contemporary credit risk with implications for bank management. Drawing a direct connection between risk and its effects on credit analysis and decisions, the book discusses how credit risk should be correctly anticipated and its impact mitigated within framework of sound credit culture and process in line with the Basel Accords. This is the only practical book that specifically guides bankers through the analysis and management of the peculiar credit risks of counterparties in emerging economies. Each chapter features a one-page overview that introduces its subject and its outcomes. Chapters include summaries, review questions, references, and endnotes. - Emphasizes bank credit risk issues peculiar to emerging economies - Explains how to attain asset and portfolio quality through efficient lending and credit risk management in high risk-prone emerging economies - Presents a simple structure, devoid of complex models, for creating, assessing and managing credit and portfolio risks in emerging economies - Provides credit risk impact mitigation strategies in line with the Basel Accords

Law of Pledges, Guarantees, and Letters of Credit

Law of Pledges, Guarantees, and Letters of Credit
Author: Chu Chai Poh
Publisher:
Total Pages: 1238
Release: 2003
Genre: Banking law
ISBN: 9789812363220

This new work traces all the significant development in the law of pledges, guarantees and letters of credit since the completion of the previous edition in August 1998 which includes the newly developed principle of unconscionability. Developments of the law is presented first with a detailed overview of the law to date followed by in-depth study of the principles governing the area. Like the previous edition, the author has once again adopted a clear and precise approach when commenting on the principles that have enunciated from these cases. Extracts of judgements are included to provide a more accurate understanding of the legal principles in the law of pledges, guarantees and letters of credit. It serves as an authoritative text and tool for all in the field of banking.

Letters of Credit and Demand Guarantees: Defences to Payment

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.

Bank Liquidity Creation and Financial Crises

Bank Liquidity Creation and Financial Crises
Author: Allen N. Berger
Publisher: Academic Press
Total Pages: 296
Release: 2015-11-24
Genre: Business & Economics
ISBN: 0128005319

Bank Liquidity Creation and Financial Crises delivers a consistent, logical presentation of bank liquidity creation and addresses questions of research and policy interest that can be easily understood by readers with no advanced or specialized industry knowledge. Authors Allen Berger and Christa Bouwman examine ways to measure bank liquidity creation, how much liquidity banks create in different countries, the effects of monetary policy (including interest rate policy, lender of last resort, and quantitative easing), the effects of capital, the effects of regulatory interventions, the effects of bailouts, and much more. They also analyze bank liquidity creation in the US over the past three decades during both normal times and financial crises. Narrowing the gap between the "academic world" (focused on theories) and the "practitioner world" (dedicated to solving real-world problems), this book is a helpful new tool for evaluating a bank's performance over time and comparing it to its peer group. - Explains that bank liquidity creation is a more comprehensive measure of a bank's output than traditional measures and can also be used to measure bank liquidity - Describes how high levels of bank liquidity creation may cause or predict future financial crises - Addresses questions of research and policy interest related to bank liquidity creation around the world and provides links to websites with data and other materials to address these questions - Includes such hot-button topics as the effects of monetary policy (including interest rate policy, lender of last resort, and quantitative easing), the effects of capital, the effects of regulatory interventions, and the effects of bailouts