the law and practice of documentary letters of credit

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The Law And Practice Of Documentary Letters Of Credit

Author : Peter Ellinger
ISBN : 1841136735
Genre : Business & Economics
File Size : 67. 95 MB
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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.

Letters Of Credit

Author : Ebenezer Adodo
ISBN : 0199674078
Genre : Law
File Size : 78. 77 MB
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The only book specializing in the much-litigated issues of compliance in letters of credit transactions.

The Law Of Letters Of Credit And Bank Guarantees

Author : Agasha Mugasha
ISBN : 1862872201
Genre : Law
File Size : 57. 51 MB
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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

International Standby Practices Isp98

Author :
ISBN : STANFORD:36105062046128
Genre : Banks and banking, International
File Size : 21. 81 MB
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Standby And Commercial Letters Of Credit

Author : Brooke Wunnicke
ISBN : 9780735517332
Genre : Business & Economics
File Size : 70. 41 MB
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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.

The Fraud Rule In The Law Of Letters Of Credit A Comparative Study

Author : Xiang Gao
ISBN : 9789041198983
Genre : Law
File Size : 37. 1 MB
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"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.

The Law Of Letters Of Credit

Author : John F. Dolan
ISBN : STANFORD:36105043516009
Genre : Business & Economics
File Size : 26. 10 MB
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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.

Bank Guarantees In International Trade

Author : Roeland I. V. F. Bertrams
ISBN : 9789041122438
Genre : Business & Economics
File Size : 29. 53 MB
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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.

Users Handbook For Documentary Credits Under Ucp 600

Author : John F. Dolan
ISBN : 9041131906
Genre : Business & Economics
File Size : 20. 95 MB
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Gutteridge And Megrah S Law Of Bankers Commercial Credits

Author : Richard King
ISBN : 9781135356941
Genre : Reference
File Size : 59. 44 MB
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Presents a systematic study of the law of bankers' commercial credits. Bringing together materials which are to be found scattered throughout the various series of English law reports, this title presents a systematic study of the law relating to commercial credits as applied today. It also contains a detailed exposition of the ICC's Uniform Customs and Practice for Documentary Credits. Contents * Provides information on the mechanism, operation and types of credits * Analyses in detail the contractual relationships arising out of issue of credits; the law and practice in relation to transfer of credits; jurisdiction and conflict of laws, etc. * Details the ICC's Uniform Rules for Bank-to-Bank Reimbursements under Documentary Credits and the ICC's International Standby Practices, ISP98 * Assesses the impact of the Rome Convention and the Brussels and Lugano Conventions in relation to applicable law and jurisdiction.

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