Bank Guarantees in International Trade

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Publisher : Kluwer Law International B.V.
ISBN 13 : 9041141308
Total Pages : 556 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis Bank Guarantees in International Trade by : Roeland F. Bertrams

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.

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

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Publisher : Springer
ISBN 13 :
Total Pages : 460 pages
Book Rating : 4.3/5 (511 download)

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Book Synopsis 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 by : Roeland I. V. F. Bertrams

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.

Bank Guarantees in International Trade

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Publisher :
ISBN 13 :
Total Pages : 428 pages
Book Rating : 4.:/5 (655 download)

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Book Synopsis Bank Guarantees in International Trade by : Roeland Irenius Vincent Felix Bertrams

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:

Financial Services in Europe

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Publisher : Kluwer Law International B.V.
ISBN 13 : 9041127011
Total Pages : 262 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis Financial Services in Europe by : M. van Empel

Download or read book Financial Services in Europe written by M. van Empel and published by Kluwer Law International B.V.. This book was released on 2008-01-01 with total page 262 pages. Available in PDF, EPUB and Kindle. Book excerpt: Presents a survey of the concept of finance as a vital component of the economic structure of the European Communities. This book describes the architecture of the financial system, its institutions (banks, stock exchanges, etc), the variety of financial instruments, and, the progress of liberalization and harmonization initiatives in Europe.

Globalization of Financial Institutions

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Publisher : Springer Science & Business Media
ISBN 13 : 3319011251
Total Pages : 275 pages
Book Rating : 4.3/5 (19 download)

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Book Synopsis Globalization of Financial Institutions by : Hasan Dincer

Download or read book Globalization of Financial Institutions written by Hasan Dincer and published by Springer Science & Business Media. This book was released on 2013-11-23 with total page 275 pages. Available in PDF, EPUB and Kindle. Book excerpt: This peer-reviewed volume from the Society for the Study of Business and Finance, discusses current issues in globalization and financial system from an international political and economic perspective. Contemporary instruments and actors in the global financial system are specially analyzed and the discussion of managerial and financial issues of the global financial strategies offers novelty to readers and researchers in the field.

International Bank and Other Guarantees Handbook

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Publisher : Kluwer Law International B.V.
ISBN 13 : 9041131337
Total Pages : 788 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis International Bank and Other Guarantees Handbook by : Yann Aubin

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 2011-01-01 with total page 788 pages. Available in PDF, EPUB and Kindle. Book excerpt: The International Bank and Other Guarantees Handbook provides a practical examination of the laws of 19 countries (and groups of countries) in the Middle East and Africa regions in respect to bank and other guarantees. It also contains, among other things, various guarantees forms. The aim of each country-specific chapter of the Handbook is to provide actionable information designed to guide legal or other practitioners in such jurisdiction. The editors, Mr. Yann Aubin, Mr. Jean-Claude Vecchiatto and Mr. Louis de Longeaux, deal with guarantees in an international context on a daily basis in the course of their respective positions as in-house lawyers of Fortune 500 multinational companies and partner of a multinational law firm. Yann Aubin is the Director of Legal Operations [and Deputy General Counsel] at Schlumberger based in Paris. He is the co-editor of the Export Control Laws and Regulations Handbook. Jean-Claude Vecchiatto is Vice President, Head of Corporate and Project Finance, Legal Affairs at the European Aeronautic Defence and Space Company, EADS, based in France and Germany. Louis de Longeaux is a partner with Orrick, Herrington and Sutcliffe law firm based in China, England, France, Germany, Italy, Japan, Russia, Taipei and USA. The International Bank and Other Guarantees Handbook is invaluable to any international trade professional (lawyer, finance manager, project manager, etc.) or entity with a need to know the specific requirements to be complied within the jurisdiction in question for the efficient use of bank or other related guarantees.

Insurance in European VAT

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Publisher : Kluwer Law International B.V.
ISBN 13 : 9041183612
Total Pages : 354 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis Insurance in European VAT by : Marta Papis-Almansa

Download or read book Insurance in European VAT written by Marta Papis-Almansa and published by Kluwer Law International B.V.. This book was released on 2016-11-30 with total page 354 pages. Available in PDF, EPUB and Kindle. Book excerpt: Insurance constitutes a significant part of the financial services sector and is one of the foundations of modern economy and society. In the design of tax laws, however, whether and how to tax insurance is a complex issue that has become particularly controversial in the area of value-added tax (VAT). In the European Union, as in most of the world, insurance is exempt from VAT, but New Zealand and Australia do not follow this practice. Given that New Zealand’s simple, comprehensive goods and services tax (GST) – called ‘the world’s purest value-added tax’ – and its modified Australian version do not appear to suffer from the shortcomings in efficiency and effectiveness that plague European VAT, a comparison of the two systems is in order. This book is not only the first comparative in-depth study of the treatment of insurance in the two systems, but also the first comprehensive legal research devoted to the treatment of insurance in EU VAT published in English. Among the underlying issues and topics treated by the two systems covered are the following: – who has a right to deduct input VAT in relation to supplies inherent in insurance arrangements and to what extent; – what constitutes a supply of insurance and consideration for such a supply; – what transactions fall within the scope of the VAT Directive’s exemption for insurance; and – drawing a line between insurance and saving. The analysis is grounded in a methodology in which concepts of European VAT are compared with concepts performing the same function in the Australian and New Zealand GST laws. The author concludes with proposals for reform in EU VAT in the light of experience in these two major non-EU countries. Given that it has been proven that exemptions from VAT (such as insurance) cause a significant number of economic distortions and inefficiencies, this study represents a major contribution to a topical debate in European VAT law. It will be welcomed by taxation authorities, interested policymakers, practitioners, and scholars not only in Europe but worldwide.

Demand Guarantees in International Trade

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Publisher :
ISBN 13 :
Total Pages : 312 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis Demand Guarantees in International Trade by : Anthony Pierce

Download or read book Demand Guarantees in International Trade written by Anthony Pierce and published by . This book was released on 1993 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt: Provides a practical guide to the law relating to all forms of pollution arising on agricultural land. This book first reviews general environmental laws as they apply to agriculture, then describes the different forms of farm pollution, examining the relevant law for each one

Advanced Information Systems Engineering

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Publisher : Springer
ISBN 13 : 3540346538
Total Pages : 556 pages
Book Rating : 4.5/5 (43 download)

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Book Synopsis Advanced Information Systems Engineering by : Eric Dubois

Download or read book Advanced Information Systems Engineering written by Eric Dubois and published by Springer. This book was released on 2006-07-29 with total page 556 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book constitutes the refereed proceedings of the 18th International Conference on Advanced Information Systems Engineering, CAiSE 2006, held in Luxembourg, in June 2006. The book presents 33 revised full papers together with 3 keynote talks. The papers are organized in topical sections on security, conceptual modeling, queries, document conceptualization, service composition, workflow, business modeling, configuration and separation, business process modeling, agent orientation, and requirements management.

The LCSH Century

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Publisher : Routledge
ISBN 13 : 1317956885
Total Pages : 260 pages
Book Rating : 4.3/5 (179 download)

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Book Synopsis The LCSH Century by : Alva T. Stone

Download or read book The LCSH Century written by Alva T. Stone and published by Routledge. This book was released on 2014-06-03 with total page 260 pages. Available in PDF, EPUB and Kindle. Book excerpt: The LCSH Century traces the 100-year history of the Library of Congress Subject Headings, from its beginning with the implementation of a dictionary catalog in 1898 to the present day. You will explore the most significant changes in LCSH policies and practices, including a summary of other contributions celebrating the centennial of the world's most popular library subject heading language.

Letters of Credit and Demand Guarantees: Defences to Payment

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Publisher : Oxford University Press
ISBN 13 : 0199588538
Total Pages : 273 pages
Book Rating : 4.1/5 (995 download)

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Book Synopsis Letters of Credit and Demand Guarantees: Defences to Payment by : Deborah Horowitz

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.

Transnational Commercial Law

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Publisher : Oxford University Press, USA
ISBN 13 :
Total Pages : 836 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Transnational Commercial Law by : Royston Miles Goode

Download or read book Transnational Commercial Law written by Royston Miles Goode and published by Oxford University Press, USA. This book was released on 2007-06-21 with total page 836 pages. Available in PDF, EPUB and Kindle. Book excerpt: This companion to 'Transnational Commercial Law - Text, Cases and Materials' contains up-to-date primary materials for students without linking commentary.

Unidroit's Rules in Practice:Standard International Contracts and Applicable Rules

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Publisher : Springer
ISBN 13 :
Total Pages : 414 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Unidroit's Rules in Practice:Standard International Contracts and Applicable Rules by : G. Letterman

Download or read book Unidroit's Rules in Practice:Standard International Contracts and Applicable Rules written by G. Letterman and published by Springer. This book was released on 2001-11-29 with total page 414 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the law of contracts, the term `internationalization' has come to mean the removal of transactions from any nation's legal standards, system of dispute resolution, or commercial practices. The trend has picked up speed in recent years, to the point where many business people want their contracts `internationalized' as a matter of course. This convenient volume contains the heart of the matter. It focuses on the essential elements that make a contract `international' in the new sense, and the interrelationships between those elements, rather than on the constantly changing mass of attendant detail. To clarify such an understanding of `internationalization,' the author describes and analyzes various aspects of international contract law regimes, including: The United Nations Convention on Contracts for the International Sale of Goods (CISG); The UNIDROIT Principles; CISG and UNIDROIT Jurisprudence; The lex mercatoria and other international, regional, and national contract law principles. A final chapter deals exclusively with practical applications--when to and when not to `internationalize' a contract, how to plan for effectiveness and the best advantage, and selecting appropriate and consistent devices for `internationalization.'

Standby Letters of Credit in International Trade

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Publisher :
ISBN 13 : 9789041145604
Total Pages : 0 pages
Book Rating : 4.1/5 (456 download)

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Book Synopsis Standby Letters of Credit in International Trade by : Ramandeep Kaur Chhina

Download or read book Standby Letters of Credit in International Trade written by Ramandeep Kaur Chhina and published by . This book was released on 2013 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This thesis puts forward two principal arguments. First, it argues that commercial letters of credit and standby letters of credit should not be treated on an equal footing. They are, and should be, treated as two separate undertakings with respect to the application of the fraud exception. Secondly, the thesis argues that there should be a 'wider' fraud exception for standby letters of credit; however, the need is to explore how wide that fraud exception should be. To support the arguments of this thesis, the study examines the application of the fraud exception in four major jurisdictions: the US, England, Canada and Australia. Out of these four jurisdictions, two - the US and Canada - have been expressly applying the wider fraud test to standby letters of credit and the other two have traditionally applied the more stringent fraud test to standby credits. The research will compare and critically examine these four jurisdictions' approaches to their different tests of the fraud rule to standby letters of credit, and argue that the fraud rule for standby letters of credit should neither be too narrow ('fraud in documents') nor should it be too wide (fraud in the inducement or unconscionable conduct or bad faith). It is argued that standby letters of credit are more abstract than commercial letters of credit; therefore, protecting the principle of the autonomy of these independent undertakings is of paramount importance. The study argues that even the wider fraud exception (the 'fraud in the transaction' defence) should be given a narrow meaning: in order to protect the independence of standby credits, it should be confined to cases in which the beneficiary had 'no bona fide belief in the validity of its claim. The thesis clearly shows that the wider 'fraud as no bona fide claim' is an appropriate fraud defence for standby letters of credit whereas for commercial letters of credit the fraud exception should be narrowly confined to 'fraud in documents', which is arguably an appropriate test for these undertakings.

Aanwinsten van de Centrale Bibliotheek (Queteletfonds)

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Publisher :
ISBN 13 :
Total Pages : 908 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Aanwinsten van de Centrale Bibliotheek (Queteletfonds) by : Bibliothèque centrale (Fonds Quetelet)

Download or read book Aanwinsten van de Centrale Bibliotheek (Queteletfonds) written by Bibliothèque centrale (Fonds Quetelet) and published by . This book was released on 1997 with total page 908 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Current Publications in Legal and Related Fields

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Publisher :
ISBN 13 :
Total Pages : 332 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Current Publications in Legal and Related Fields by :

Download or read book Current Publications in Legal and Related Fields written by and published by . This book was released on 2006 with total page 332 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Subject Guide to Books in Print

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Publisher :
ISBN 13 :
Total Pages : 3310 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis Subject Guide to Books in Print by :

Download or read book Subject Guide to Books in Print written by and published by . This book was released on 1997 with total page 3310 pages. Available in PDF, EPUB and Kindle. Book excerpt: