Download or read book Demand Guarantees in International Trade written by Anthony Pierce and published by . This book was released on 1993 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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
Download or read book Bank Guarantees in International Trade written by Roeland F. Bertrams and published by Kluwer Law International B.V.. This book was released on 2013-01-06 with total page 556 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book 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 Roeland I. V. F. Bertrams and published by Springer. This book was released on 1996-04-29 with total page 460 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Letters of Credit and Demand Guarantees Defences to Payment written by Deborah Horowitz and published by Oxford University Press. This book was released on 2010-06-10 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Guide to ICC Uniform Rules for Demand Guarantees URDG 758 written by Georges Affaki and published by . This book was released on 2011 with total page 511 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Bank Guarantees in International Trade written by Roeland Irenius Vincent Felix Bertrams and published by . This book was released on 1990 with total page 428 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book ICC Uniform Rules for Demand Guarantees written by International Chamber of Commerce and published by . This book was released on 2010 with total page 44 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Urdg 758 written by Search and Check Publishers and published by . This book was released on 2020-01-31 with total page 62 pages. Available in PDF, EPUB and Kindle. Book excerpt: Uniform Rules For Demand Guarantees (URDG) refers to a set of guidelines adopted by the International Chamber of Commerce (ICC) that sets forth generally agreed-upon rules governing securing payments and guarantees in contracts among global trading partners. URDG covers demand guarantees, or specific rights or countermeasures one party can impose on another party, and also applies to agreements requiring the decision of an arbitrator, as well as some contracts that involve slightly more complex agreements, such as situations dealing with the default of one of the parties. The most significant URDG update occurred in 2010, with so-called URDG 758, which attempts to clarify several common issues such as those involving contingencies, and provide guidance regarding handling of specific electronic documents and fund transfers.
Download or read book ISBP written by and published by ICC Publications. This book was released on 2003 with total page 114 pages. Available in PDF, EPUB and Kindle. Book excerpt: International Standard Banking Practice (ISBP) for the examination of documents under documentary credits, answers the most relevant questions practitioners have concerning how UCP 500, ICC's universally used rules on documentary credits, are to be integrated into day-to-day practice. The product of more than two years of work by the ICC Banking Commission, ISBP is based on the official Opinions issued by the Banking Commission in response to queries submitted by users of UCP 500. The text provides responses to the key questions relating to the examination of drafts, multimodal transport documents, insurance documents, certificates of origin and a range of other documents associates with letters of credit. This publication reflects international standard banking practice for all parties to a documentary credit. Figures show that 60%-70% of credits are rejected for discrepancies on first presentation. The new ISBP, by encouraging a uniformity of practice worldwide, is expected to cut these figures dramatically and, by doing so, to facilitate the flow of world trade.
Download or read book Demand Guarantees written by Thanuja Rodrigo and published by . This book was released on 2015-06-26 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Demand Guarantees: Operation, Enforcement and the Autonomy Principle explains both the practical use and theoretical aspects of demand guarantees. It examines the fundamental principle of autonomy upon which demand guarantees operate in international trade and construction projects. Format: Paperback Once published, this title will also be available in eBook format. [eISBN: 9780409341331] Drawing upon the contractual doctrine of freedom of contract and public policy reasons justifying the judicial intervention in the enforcement of demand guarantees, this book considers the extent to which judicial intervention, through exceptions to the principle of autonomy, can be recognised and justified. The author provides a comparative examination of the relevant legal position in Australia, the United Kingdom, Singapore, Malaysia, India and Sri Lanka, with detailed analysis of the extracts from leading cases and the International Chamber of Commerce Uniform Rules for Demand Guarantees (URDG 758). It provides an ideal resource for practitioners and students in the field of international trade law or construction contracts. The key topics covered include: oÂeo the principle of autonomy oÂeo the fraud exception oÂeo the unconscionability exception oÂeo interim injunctions oÂeo justifications for judicial intervention Features oÂeo Comprehensive discussion of fraud and unconscionability as exceptions to the autonomy of demand guarantees oÂeo Identifies the requirements for granting interim injunctions restraining fraudulent and unconscionable demands oÂeo Provides policy and theoretical justifications for judicial intervention in the enforcement of demand guarantees. oÂeo Includes comparative analysis of recent legal developments in Australian, England, Singapore, Malaysia, India and Sri Lanka. Related LexisNexis Titles Mo, International Commercial Law, 5th edition, 2012
Download or read book The Great Trade Collapse Causes Consequences and Prospects written by Richard E. Baldwin and published by CEPR. This book was released on 2009 with total page 246 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Standby Letters of Credit in International Trade written by Ramandeep Kaur Chhina and published by Kluwer Law International B.V.. This book was released on 2012-12-01 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Trade and Receivables Finance written by Stephen A. Jones and published by Springer. This book was released on 2018-11-13 with total page 546 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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).
Download or read book The Handbook of International Trade and Finance written by Anders Grath and published by Kogan Page Publishers. This book was released on 2011-12-03 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: Designed for use by anyone involved in international sales, finance, shipping and administration, The Handbook of International Trade and Finance provides a full explanation of the key areas of international trade - including risk management, international payments and currency management. It is an essential reference source that will help to reduce risks and improve cashflow, identify the most competitive finance alternatives, structure the best payment terms, and minimize finance and transaction costs. Coverage includes: trade risks and risk assessment; methods of payment; currency risk; export credit insurance; trade finance; and terms of payment. Designed for all businesses, regardless of size and business sector, the book also describes the negotiating process from the perspectives of both the buyer and the seller - providing valuable insight into the complete financing process.
Download or read book Financing in International Trade a Reference of Legal Measures written by Suman Acharya and published by . This book was released on 2020 with total page 12 pages. Available in PDF, EPUB and Kindle. Book excerpt: Letters of credit and bank guarantee are important instruments of international trade financing. These instruments are the documentary credits. Letter of credit and bank guarantee have two fundamental principles; one is the doctrine of strict compliance and another is the autonomy of the credit. A first principle follows enforceability of terms and conditions of letters of credit and demand guarantee strictly and second principle respects the letter of credit and demand guarantee as a separate contract. Although same contractual principles are applicable for demand guarantee, it is paid to beneficiary by the bank if the buyer of the guarantee makes default. These are much essential instruments of contemporary transnational trading system. Despite it, cash in advance, documentary collection, bank transfer, barter or counter-trade systems are used in the payment of international trade finance.
Download or read book Finance of International Trade written by Eric Bishop and published by Butterworth-Heinemann. This book was released on 2004 with total page 230 pages. Available in PDF, EPUB and Kindle. Book excerpt: Everything you need to know about key aspects in corporate finance.
Download or read book A Practitioner s Guide to Trade and Commodity Finance written by Geoffrey Wynne and published by . This book was released on 2021 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
