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 The Law of Letters of Credit and Bank Guarantees written by Agasha Mugasha and published by . This book was released on 2003 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt: The aim of this book is to present the Australian law of letters of credit and bank guarantees. It inexorably presents overseas literature as well because the subject is by nature international and comparative, and Australian courts readily cite overseas literature, particularly from the United States, England and Canada. Hence the book focuses on the available Australian literature and utilizes some limited overseas authorities which make Australian law whole and the book more understandable. - From the Preface
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 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 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 The Emerging Law of Standby Letters of Credit and Bank Guarantees written by Boris Kozolchyk and published by . This book was released on 1985 with total page 57 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book International Bank and Other Guarantees Handbook written by Yann Aubin and published by Kluwer Law International B.V.. This book was released on 2016-04-24 with total page 1392 pages. Available in PDF, EPUB and Kindle. Book excerpt: Familiarity with guarantees and how they function under various national jurisdictions are essential for principals, guarantors, and beneficiaries of international contracts. This enormously useful handbook provides a practical overview of the guarantee regimes in twenty-eight European countries, with country-by-country contributions from regional expert practitioners and academics. For easy comparison, each country report follows the same structure, from preliminary discussion on the provisions of a guarantee to its negotiation, drafting, and enforcement. Focusing on specific issues to consider at every stage, each chapter provides detailed information and guidance on such aspects as the following: . who can issue guarantees; . limitations as to the type of obligations which may be subject to a guarantee; . issues relating to the protection of the contracting parties; . formal requirements which need to be complied with; . stamp duties or other tax payable; . presence of implied terms; . legal framework applicable to joint and several obligations; . modification of the situation; . conditions for release and actions to be taken to ensure a valid release; . opening of bankruptcy proceedings against the principal; . court enforcement; and . incorporation of uniform rules. Each chapter includes references and model guarantee forms that readers can use to draft their own documents. Invaluable to corporate counsel and law firms with an international practice, this peerless handbook will prove the first order of business in trade negotiations across Europe, among European nations themselves as well as with their global partners.
Download or read book Law of Guarantees written by Geraldine Mary Andrews and published by Sweet & Maxwell. This book was released on 2011 with total page 925 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book provides the commercial lawyer with a detailed analysis of the various statutory and contractual requirements relating to the law of guarantees. It also examines the guarantor's liability and right against both creditors and debtors. A thorough knowledge of the law and practice surrounding guarantees is essential for lawyers in all areas of commercial law, given the complex borrowing and finance requirements of modern industry and institutions. This is the 6th edition of the highly successful book on Guarantees by Geraldine Andrews QC and Richard Millett QC. The book is considered the pre-eminent treatise on the subject of guarantees in the UK.
Download or read book The Law of Letters of Credit written by John F. Dolan and published by Warren Gorham & Lamont. This book was released on 1991 with total page 1048 pages. Available in PDF, EPUB and Kindle. Book excerpt: This treatise addresses all standby and commercial letter of credit problems and provides guidance through the case law under UCC Article 5. Establishing, amending, and terminating the letter of credit is discussed in detail.
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 Law of Pledges Guarantees and Letters of Credit written by Chu Chai Poh and published by . This book was released on 2003 with total page 1238 pages. Available in PDF, EPUB and Kindle. Book excerpt: This new work traces all the significant development in the law of pledges, guarantees and letters of credit since the completion of the previous edition in August 1998 which includes the newly developed principle of unconscionability. Developments of the law is presented first with a detailed overview of the law to date followed by in-depth study of the principles governing the area. Like the previous edition, the author has once again adopted a clear and precise approach when commenting on the principles that have enunciated from these cases. Extracts of judgements are included to provide a more accurate understanding of the legal principles in the law of pledges, guarantees and letters of credit. It serves as an authoritative text and tool for all in the field of banking.
Download or read book The Law of Guarantee written by Kevin Patrick McGuinness and published by Scarborough, Ont. : Carswell. This book was released on 1996 with total page 903 pages. Available in PDF, EPUB and Kindle. Book excerpt: This new edition of the leading Canadian text on the law of guarantees provides full coverage of both the law and practice in this area. An invaluable source of reference for practitioners throughout the Commonwealth, it cites over 1,500 cases, with in-depth analysis of recent decisions such as Pax Management v. CIBC on the effect of creditor misconduct and Barclay's Bank v. O'Brien on spousal guarantees. This edition has been substantially revised and updated with: - Citation of hundreds of new Canadian and Commonwealth cases - New commentary on key issues such as insurance contracts and the impact of consumer credit legislation - Greatly expanded coverage of corporate guarantees, duty of good faith in contract and breach of fiduciary duty.
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 Letter of Credit Bank Guarantees Bill of Exchange Draft in Letters of Credit written by Heinz Duthel and published by . This book was released on 2016-09-02 with total page 120 pages. Available in PDF, EPUB and Kindle. Book excerpt: Letter of Credit - Bank Guarantees - Bill of Exchange (Draft) in Letters of Credit, What are the differences between bank guarantees and letters of credit? Global Trade Finance World Globalventurecapital.net is your gateway to International Trade Finance World. Designed & developed by a Certified Rating Specialist. (Basel I, II, III) Irrevocable Letter of Credit Sample in Swift Format Irrevocable Deferred Payment Letter of Credit Sample in Swift Format What is Letter of Credit Types of Letters of Credit Commercial Letters of Credit Revocable Letters of Credit Irrevocable Letters of Credit Standby Letter of Credit Irrevocable Letter of Credit Revocable Letter of Credit Transferable Letter of Credit Back-to-Back Letters of Credit Advance Payment (Red Clause) Letters of Credit Confirmed Letter of Credit At Sight Payment Letter of Credit Sample Deffered Payment Letter of Credit Sample Standby Letter of Credit Sample How to work with a letter of credit sample? How to read sample letters of credit? What is Letter of Credit? Types of Letters of Credit - Part I Types of Letters of Credit - Part II Parties to Letters of Credit Risks in Letters of Credit Basic Letter of Credit Transaction Availability of Letters of Credit Confirmation and Confirmed Letter of Credit Letter of Credit Fees Discrepancies UCP 600 UCP 600 online UCP Latest Version International Standard Banking Practice - 2007 Edition (ISBP 2007) International Standard Banking Practice - 2013 Edition (ISBP 2013) URR 725 - The Uniform Rules for Bank-to-Bank Reimbursements under Documentary Credits Incoterms Incoterms 2000 Incoterms 2010 Standby Letters of Credit Standby Letters of Credit Types Differences Between Standby Letter of Credit vs Commercial Letter of Credit ISP 98 - International Standby Practices Standby Letter of Credit Sample Risks in Standby Letters of Credit Basic Standby Letter of Credit Transaction Bank Guarantees Bank Guarantee Sample in MT 760 Swift Format MT 760: Guarantee Swift Message MT 767:
Download or read book Commercial Instruments written by Sankalp Jain and published by . This book was released on 2014 with total page 17 pages. Available in PDF, EPUB and Kindle. Book excerpt: The paper examines the nature and scope of bank guarantee system and letter of credit in India. This paper is a doctrinal study which covers the law relating to the bank guarantees particularly embodied in the Indian Contract Act 1872, highlights the economic functions and benefits of the bank, explains the various types of guarantees issued by the banks in India. This paper further discusses the nature, scope, details, structure and troubles of a letter of credit. It highlights the imbalance of the rights and duties of the parties in a letter of credit transaction by emphasising deficiencies in the letters of credit system. It discusses how the risk of the innocent buyer has increased and very often the buyer is paying for the goods he had not contracted for and also throws light on the independence principle and the doctrine of documentary compliance.
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.
