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 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 What Lawyers Need to Know about the New UCC Article 5 letters of Credit written by and published by . This book was released on 2003 with total page 330 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book New Developments in International Commercial and Consumer Law written by Jacob Ziegel and published by Bloomsbury Publishing. This book was released on 1998-05-01 with total page 530 pages. Available in PDF, EPUB and Kindle. Book excerpt: Consulting Editor: Shalom Lerner. This volume contains the text of the papers and principal commentaries delivered at the 8th Biennial Conference of the IACCL held at Bar Ilan University in August 1996. The papers include original and practical papers on banking law, secured financing, securities regulation, the international sale of goods, competition law, electronic fund transfers, transnational commercial law, commercial law in Central and Eastern Europe, international demand guarantees, the UNIDROIT principles of international commercial law, company charges, consumer bankruptcies, European consumer rights, products liability, and international commercial arbitration. Contributors: James E. Byrne, R.C.C. Cuming, S.K. Date-Bah, Louis F. del Duca and Patrick del Duca, Anthony J. Duggan, Raúl Etcheverry, Benjamin Geva, Roy Goode, Laureano F. Gutiérrez-Falla, Attila Harmathy, Rafael Illescas-Ortiz, Donald B. King, Shalom Lerner, Ricardo Sandoval Lopez, Patrick Osode, Uriel Procaccia, Arcelia Quintana-Adriano, Jerzy Rajski, Arie Reich, Norbert Reich, Harry C. Sigman, Catherine Walsh, Jacob S. Ziegel.
Download or read book Construction Law Update 2019 IL written by Sweeney and published by Wolters Kluwer. This book was released on 2019-04-17 with total page 1690 pages. Available in PDF, EPUB and Kindle. Book excerpt: For the past twenty-six years, legal and business professionals in the construction law industry have eagerly anticipated the annual release of this best-selling guide. The Construction Law Update chronicles and communicates changes in the construction law industry. Comprised of twelve informative chapters -- each written by an expert or experts in the field -- the 2019 Edition offers these contributing authors' timely, practical analysis on many current issues in the construction law industry. Construction Law Update brings you up-to-date with new developments impacting six major geographical regions of the United States: Southeast, Northeast, Southwest, West, Northwest, and Midwest. You'll discover what's happening in vital areas like: Developments in federal contracting Licensing laws Current standards under OSHA Surety bonds, indemnity claims and defenses The impact of cybersecurity and cyber threats on construction International arbitration in international construction projects And more! Note: Online subscriptions are for three-month periods. Previous Edition: Construction Law Update 2018, ISBN: 9781454899440¿
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 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 Forms Under Revised Article 9 written by Jonathan C. Lipson and published by American Bar Association. This book was released on 2002 with total page 292 pages. Available in PDF, EPUB and Kindle. Book excerpt: "... a collection of many forms likely to be useful to attorneys who practice commercial law in general, and who provide financial transactions services ... [also] offers ... analyses of the role of the form in the larger context of Revised Article 9 of the Uniform Commercial Code and other applicable law." -- Introd.
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 What Lawyers Need to Know about the New UCC Article 5 Letters of Credit 2001 written by and published by . This book was released on 2001 with total page 360 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Iraq Claims Act of 1993 written by United States. Congress. House. Committee on Foreign Affairs and published by . This book was released on 1993 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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 Payment Systems and Other Financial Transactions written by Ronald J. Mann and published by Aspen Publishing. This book was released on 2023 with total page 588 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Payment Systems and Other Financial Transactions provides a comprehensive introduction to the mechanisms that people use to make payments"--
Download or read book Montana Code Annotated written by Montana and published by . This book was released on 2016 with total page 1380 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Regulation of Standby Letters of Credit written by United States. Congress. Senate. Committee on Banking, Housing, and Urban Affairs and published by . This book was released on 1976 with total page 318 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book U S and International Sales Lease and Licensing Law written by Bryan D. Hull and published by Aspen Publishing. This book was released on 2022-10-26 with total page 402 pages. Available in PDF, EPUB and Kindle. Book excerpt: In a logical and persuasive manner, this class-tested casebook first provides background information about UCC Article 2 and the CISG, then addresses key issues in the order in which a lawyer is likely to encounter them in practice: Which law is applicable? Has a contract been formed? What are the terms of the contract? Has the contract been performed? If not, what are the available remedies for the injured party? Finally, the text concludes by considering third parties involved in the sales transactions and the law governing their obligations.Many problems refer students to international collections found on the Internet, and the text provides references to both unrevised and revised UCC Article 1. The Second Edition has been updated to reflect the newer version of the INCOTERMS (INCOTERMS 2010), and the Uniform Customs and Practice for Documentary Credits (UCP 600). Discussion of UCC Article 2 has been revised as a result of the Uniform Law Commission and American Law Institute dropping the proposed amendments. Features: Provides background information about UCC Article 2 and the CISG Addresses key issues in the order encountered in practice Which law is applicable? Has a contract been formed? What are the terms of the contract? Has the contract been performed? If not, what are the available remedies for the injured party? Covers third parties involved and the law governing their obligations Combines cases and problems for teaching flexibility a case analysis structure a problems approach a combination of the two. Provides explanatory material to teach basic principles before casesandproblems introduced Presents contemporary, carefully edited cases Includes such cases as Hill v. Gateway (contract formation), Medical Marketing International v. Internazionale Medico Scientifica (warranties under the CISG and confirmation of an arbitral award), MCC-Marble Ceramic Center v. Ceramica Nuova D’Agostino (parol evidence and the CISG), Zabriskie Chevrolet v. Smith (contract performance under the UCC), Delchi Carrier SpA v. Rotorex Corp. (remedies under the CISG), Chatlos Systems v. National Cash Register (calculation of damages under the UCC), Robinson Helicopter Company v. Dana Corporation (availability of tort remedies), and Specht v. Netscape Communications Corp. (contract formation in licensing transaction over the Internet). Many problems refer to international collections on the Internet Provides references to both unrevised and revised UCC Article 1
Download or read book Symposium written by and published by . This book was released on 2007 with total page 566 pages. Available in PDF, EPUB and Kindle. Book excerpt:
