Download or read book Letters of Credit and Bank Guarantees Under International Trade Law written by Matti Kurkela and published by . This book was released on 2008 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Letters of credit and bank guarantees are the most important financial instruments in international exchange. Matti S. Kurkela, a leading expert in the field, presents an advanced, extensive study and guide to letters of credit. The author analyzes the material rules and principles applicable to them; conflict of laws as well as law merchant applied regardless of place of operation or nationality of the parties involved. Letters of Credit and Bank Guarantees under International Trade Law is the only true guide whose focus is on international law and choice of applicable law, with comparisons of the UCP, the UCC and selected national laws. Bank attorneys, international bankers, commercial bankers, international trade and finance attorneys in law firms, in-house counsel, financial institutions, and academia will find this a clearly written, invaluable guide to the latest rules, case law and practice relating to these financial instruments. The new, expanded Second Edition includes: - Analysis and comparison of commercial and standby credits, bank guarantees and bonds in use in international exchange - Introduction to the various sets of rules in use in international operations and banking - Changes made to the UCC Article 5 and UCP 600 - New development and landmark decisions and case law since the publishing of the first edition - Guidance to and analysis of inter bank relationship, indemnity agreements and reference to sample documentation, and numerous sample clauses - Reference to statutory laws of lcs in various countries

Download or read book Letters of Credit Under International Trade Law written by Matti Kurkela and published by . This book was released on 1985 with total page 552 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 Documentary Letters of Credit and Related Rules Under International Trade Law written by Mahmood Khademan and published by . This book was released on 1996 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book The Law and Practice of Documentary Letters of Credit written by Peter Ellinger and published by Hart Publishing. This book was released on 2010-01-01 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book International Trade Finance written by Tarsem Bhogal and published by Springer Nature. This book was released on 2019-10-02 with total page 371 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book Letters of Credit in International Trade written by John A. Novak and published by . This book was released on 2021 with total page 349 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book The Fraud Rule in the Law of Letters of Credit A Comparative Study written by Xiang Gao and published by Kluwer Law International B.V.. This book was released on 2002-01-01 with total page 222 pages. Available in PDF, EPUB and Kindle. Book excerpt: "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.

Download or read book Letters of Credit and Documentary Collections written by Thomas H. Ward and published by Xlibris Corporation. This book was released on 2009-01-23 with total page 110 pages. Available in PDF, EPUB and Kindle. Book excerpt: I classify international banking and international shipping together because for a international business that buys and resells materials, the two are interrelated. It is necessary to have a bank and a freight agent that has a lot of experience in international business. Do not use a small local bank as they cannot meet your need when it comes to doing business outside the United States.

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 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 Letters of Credit written by Michael Rowe and published by Euromoney Publications. This book was released on 1997 with total page 311 pages. Available in PDF, EPUB and Kindle. Book excerpt: This revised second edition of Letters of Credit is useful reading for anyone concerned with aspects of international trade and finance. It considers the underlying contract of sale, the relevant transport and insurance documents, and other documents which may be tendered to a bank.

Download or read book Letters of Credit written by William C. Hillman and published by MICHIE. This book was released on 1987 with total page 316 pages. Available in PDF, EPUB and Kindle. Book excerpt: This text offers a selection of essays and articles form professional journals and law reviews that analyze specialized aspects of the U.S. law of letters of credit.

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 Standby and Commercial Letters of Credit written by Brooke Wunnicke and published by Wolters Kluwer. This book was released on 2000-10-01 with total page 1690 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book Letters of Credit Theory and Practice written by Rupnarayan Bose and published by Notion Press. This book was released on 2020-05-09 with total page 479 pages. Available in PDF, EPUB and Kindle. Book excerpt: Letters of Credit: Theory and Practice explains in simple English all the important information you’ll ever need on letters of credit (LC). This book provides extensive, easy-to-understand, practical and useful suggestions to help during negotiations, in selecting the right terms of payment, improving operations, reducing errors and risks, facilitating trade and final settlement, and much more. It is extensively researched, delving deep into the subject of international trade, presenting current issues and solutions related to LCs that the reader may not otherwise come across easily. A gold mine of information on payment risk management, it’s the last word on documentary credits. “This book is a great read for knowledge and practical information on letters of credit. It succinctly takes the reader through the concepts of risk management, explains the fundamentals of global trade finance issues, the dilemmas plaguing international sellers and buyers, and standardised ways for the buyer and the seller to secure goods and make payments, respectively. This is a must-read book for academicians, exporters, importers and bankers looking for complete, authentic information on international trade finance and global business.” - Dr. Deepankar Sinha, Professor; Head - Research Division, Kolkata Campus; Programme Director - Centre for Trade and Logistics (CFTL), Kolkata Campus, Indian Institute of Foreign Trade (IIFT)

Download or read book Understanding Letter of Credit written by Nisha S Koshal and published by Notion Press. This book was released on 2017-06-15 with total page 214 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book elucidates the importance of a letter of credit in matters of trade finance. A letter of credit is an instrument that is used worldwide to facilitate the flow of trade finance. This book is ideal for beginners who are interested in the subject but do not possess a clear understanding of the basics of the letter of credit or adequate technical knowledge. It may also benefit bankers and students of international trade finance. It will help them build a strong foundation to help understand how to tackle difficult day to day transactions. The book explains the UCP 600 guidelines that govern letters of credit and the roles of the issuing bank, beneficiary, advising bank, nominated bank, confirming bank, applicant and so on. This book is not exhaustive as letter of credit is a vast subject and every single transaction carried out is unique. The book has been written keeping in mind the difficulties I faced while working at a bank and the experiences I have gained thus far, on my journey as a trade finance professional.