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 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 251 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 Payment Methods and Finance for International Trade written by Sang Man Kim and published by Springer Nature. This book was released on 2020-09-30 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explains various methods of payment in international trade and trade finance schemes for international trade. It also presents an overview of the concepts, purposes, features, and risks of international trade. A grasp of the features and risks of international trade facilitates a better understanding of the numerous methods of payment in international trade and the relevant trade finance schemes, which is essential to success in international trade transactions. In order to complete an international trade transaction, depending on the terms, both parties need access to funds. Compared with large companies, small and medium-sized enterprises (SMEs), frequently face difficulties in raising capital or funds, but financing an international trade transaction is often the key to its successful completion. As such, selecting an appropriate financing mechanism from the various options available is vital. This book offers a systematic overview of international trade and payment together with trade finance, providing instructive examples and illustrations of trade documents, each method of payment, and trade finance including export credit insurance or guarantee.

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 585 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 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 International Standby Practices written by International Chamber of Commerce and published by ICC Publishing. This book was released on 1998 with total page 94 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Comparative Law Casebook written by Stefan A Riesenfeld and published by Martinus Nijhoff Publishers. This book was released on 2023-11-27 with total page 648 pages. Available in PDF, EPUB and Kindle. Book excerpt: This casebook represents the extraordinary scholarship, vision, organizational and translation skill of the renowned international law scholar, the late Professor Stefan Riesenfeld. The cases and materials contained in this volume were developed by Professors Riesenfeld and Pakter for a seminar they taught on Comparative Law at Boalt Hall from 1986-1998. The cases have been updated for the purposes of this edition. The volume consists of four parts covering the following topics: Part 4: Good Faith Purchases The print edition is available as a set of four volumes (9781571052209)

Download or read book Introduction to Process Plant Projects written by H. Selcuk Agca and published by CRC Press. This book was released on 2018-09-03 with total page 357 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book covers all stages of process plant projects from initiation to completion and handover by describing the roles and actions of all functions involved. It discusses engineering, procurement, construction, project management, contract administration, project control and HSE, with reference to international contracting and business practices.

Download or read book International Business Transactions written by Douglas Lee Donoho and published by Carolina Academic Press. This book was released on 2013-10-04 with total page 378 pages. Available in PDF, EPUB and Kindle. Book excerpt: As suggested by its title, this e-book presents student-oriented materials focused on legal issues common to international business transactions. With an emphasis on sales of goods and services, the materials review international transactions from both the private law and governmental regulatory perspectives, domestic and international. Several features of the book distinguish it as a teaching tool from more traditional law school offerings. First, the book is offered in an electronic format which is designed to make extensive use of web-based resources. Among other advantages, this format (1) provides much cheaper, flexible and more accessible learning materials for students; (2) takes advantage of the excellent web-based resources that students are accustomed to using, including multi-media content; and (3) creates a flexible framework that allows professors to adapt, improve or otherwise modify content to suit their needs during successive iterations of the course. Second, the materials and format are designed to encourage students to take a more active role in their learning with an emphasis on skills building. Each chapter presents a problem and typically asks students to address legal issues as a practicing lawyer would, working through primary materials — cases, statutes and treaty texts. Third, the materials are written and prepared for the uninitiated and uninformed. Basic background explanations are always provided and all questions posed in the text are meant to be answered by the students — there are no abstract, obtuse or unanswerable questions set out in the materials. With guidance from their instructor, students are required to examine the material provided not only to learn the relevant law but also to build the essential skills of effective lawyering.

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 The Law Relating to International Banking written by Andrew Haynes and published by Bloomsbury Publishing. This book was released on 2018-09-28 with total page 693 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Law Relating to International Banking (Second Edition) addresses the key legal issues associated with international banking and capital markets. Covering choice of law, jurisdiction, sovereign risk, contractual remedies, exchange controls and legal opinions, this new edition provides a detailed analysis of the legal issues relating to the lending of money, whether by way of: - Term loans - Syndicated lending - The transferring of a bank's interest in a loan - Bond issues - Asset backed securitisation In addition, the title also considers Islamic securitisation as well as whole of business securitisation. It also examines derivative contracts along with the contractual issues arising with consideration being given to how to complete the Schedules to the ISDA Master Agreement. Contract guarantees and standby letters of credit are also analysed. The Law Relating to International Banking is essential reading for anyone wishing to gain a perspective on these transactions, including banking lawyers, bankers, academics and post graduate students.

Download or read book Banking Litigation written by David Warne and published by Sweet & Maxwell. This book was released on 2005 with total page 586 pages. Available in PDF, EPUB and Kindle. Book excerpt: Guides practitioners through a range of issues relevant to banking litigation. This book covers the major areas of potential conflict, from disputes with domestic customers to those arising from global custodianship and international banking. It helps minimise risk, by explaining the correct procedures to follow

Download or read book International Trade and Business Law Review Volume XI written by Gabriel Moens and published by Routledge. This book was released on 2012-11-12 with total page 458 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book AMERICAN INTERNATIONAL LAW CASES Fourth Series 2009 VOLUME 8 written by Oceana Editorial Board and published by . This book was released on 2011-02-18 with total page 363 pages. Available in PDF, EPUB and Kindle. Book excerpt: AILC is an annual case law reporter that provides the full text of U.S. court opinions involving international law issues. The courts covered include all U.S. federal district courts, federal appellate courts, and the U.S. Supreme Court, as well as some state courts, the U.S. Court of Claims, the U.S. Court of International Trade, and the U.S. Tax Court. The series seeks to provide not every single case in which a court refers to international law but rather all cases that analyze at least one international law issue in depth. The list of subjects addressed by these volumes is vast and changes from year to year, with the inclusion and prominence of most topics turning on their prevalence in a given year's jurisprudence. Some consistently prominent topics are personal jurisdiction over foreign defendants, deportation procedure, and double taxation. Over the last three editions (2006, 2007, and 2008), many topics have developed rapidly and constitute a correspondingly larger portion of the volumes, particularly Terrorism, the Foreign Sovereign Immunities Act, Forum Non Conveniens, and an entirely new, added topic: the National Security Exception (to deportation eligibility). The 2008 edition of AILC also features expanded sections on family law and on the detention of terrorist suspects. The U.S. war on terror and the crisis at Guantanamo have made that last topic a significant and dynamic component of AILC. Each edition of AILC also comes framed with two practical resources for students and scholars. The first is an introductory editor's note that both reviews international law's major developments for the given year and explains to readers how to use the volumes. The second is a subject index to allow for targeted research. Volume Eight of AILC involves issues involving aliens, such as deportation, extradition, aiding and transporting illegal aliens, and border entry. It also includes issues in international courts and issues surrounding war, belligerency, and neutrality. In Gherebi v. Obama, the petitioners, detainees at Guantanamo Bay, challenge the legality of their confinement by the government, seeking the issuance of writs of habeas corpus to secure their release from detention. The issue was whether the President has the authority to detain individuals as part of its ongoing military campaign against al-Quaeda and, if so, what is the scope of that authority. In Vinyls, Inc. v. United States, the issue was whether the Court of International Trade correctly concluded that the imported product, whose textile component is made entirely of man-made fibers, is a product with textile components in which man-made fibers predominate by weight over another single textile fiber. The court concluded that the Court of International Trade Correctly classified the subject goods.

Download or read book Trade Finance written by Christopher Hare and published by Oxford University Press. This book was released on 2021-07-01 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book Corporate Finance Law written by Louise Gullifer and published by Bloomsbury Publishing. This book was released on 2020-03-19 with total page 997 pages. Available in PDF, EPUB and Kindle. Book excerpt: The third edition of this acclaimed book continues to provide a discussion of key theoretical and policy issues in corporate finance law. It has been fully updated to reflect developments in the law and the markets. One of the book's distinctive features is its equal coverage of both the equity and debt sides of corporate finance law, and it seeks, where possible, to compare and contrast the two. This book covers a broad range of topics regarding the debt and equity-raising choices of companies of all sizes, from SMEs to the largest publicly traded enterprises, and the mechanisms by which those providing capital are protected. Each chapter provides a critical analysis of the present law to enable the reader to understand the difficulties, risks and tensions in this area, and the attempts by the legislature, regulators and the courts, as well as the parties involved, to deal with them. The book will be of interest to practitioners, academics and students engaged in the practice and study of corporate finance law.

Download or read book The FIDIC Forms of Contract written by Nael G. Bunni and published by John Wiley & Sons. This book was released on 2013-02-05 with total page 731 pages. Available in PDF, EPUB and Kindle. Book excerpt: In September 1999, FIDIC introduced its new Suite of Contracts, which included a “new” Red, Yellow, Silver and Green forms of contract. The “new” Red Book was intended to replace the 1992 fourth edition of the Red Book, with the ambition that its use would cease with time. This ambition has not materialised and is unlikely to do so in the future. Despite the importance of the 1999 Forms, there has been very little published on the new concepts adopted in them and how they interact with the previous forms. This important work considers these aspects together with the many developments affecting the fourth edition of the Red Book that have taken place since 1997, when the second edition of this book was published, and relates them to key contracting issues. It is written by a chartered engineer, conciliator and international arbitrator with wide experience in the use of the FIDIC Forms and in the various dispute resolution mechanisms specified in them. Important features of this book include: · background and concepts of the various forms of contract; · a detailed comparison of the wording of the1999 three main forms, which although similar in nature; it nevertheless significantly differs in certain areas where the three forms diverge due to their intended purpose; · analysis of the rights and obligations of the parties involved in the contract and the allocation of risks concerned; · a range of ‘decision tree’ charts, analysing the main features of the 1992 Red Book, including risks, indemnities and insurances, claims and counterclaims, variations, procedure for claims, programme and delay, suspension, payments and certificates, dispute resolution mechanisms, and dispute boards; · a much enlarged discussion of the meaning of “claim” and “dispute” and the types of claim with a discussion of the Notice provision in the 1999 forms of contract for the submittal of claims by a contractor and by an employer; · the FIDIC scheme of indemnities and insurance requirements; and the methods of dispute resolution provided by the various forms of contract; and · five new chapters in this third edition, the first four chapters deal with each of the 1999 forms and the fifth chapter is confined to the topic of Dispute Boards.