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 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 Standby Letters of Credit written by J. Sifri and published by Palgrave Macmillan. This book was released on 2008-01-01 with total page 234 pages. Available in PDF, EPUB and Kindle. Book excerpt: A guide that tackles this vital financial instrument from a practical as well as legal perspective. Augmented with numerous real life cases, the book addresses the exact procedures undertaken by global banks in handling standby letters of credit transactions whilst providing an article by article interpretation of the ISP98

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 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 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 160 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.

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 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 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 Standby Letters of Credit written by Brooke Wunnicke and published by John Wiley & Sons. This book was released on 1989 with total page 520 pages. Available in PDF, EPUB and Kindle. Book excerpt: This single-volume work provides a reference for anyone involved in transactions requiring standby letters of credit. It offers sample documents and clauses, discusses the new Federal Reserve risk-based capital guidelines, and recent court cases involving standby letters of credit.

Download or read book Bank guarantees Standby Letters of Credit and Performance Bonds in International Trade written by Norbert Horn and published by Kluwer Law International. This book was released on 1990 with total page 73 pages. Available in PDF, EPUB and Kindle. Book excerpt:

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 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 Letters of Credit written by Michael Rowe and published by . This book was released on 1985 with total page 192 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book The Trade and Receivables Finance Companion written by Stephen A. Jones and published by Springer Nature. This book was released on 2020-02-14 with total page 448 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

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 108 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 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.