Letters Of Credit And Demand Guarantees Defences To Payment

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Letters of Credit and Demand Guarantees: Defences to Payment

Author : Deborah Horowitz
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.

The Independence Principle of Letters of Credit and Demand Guarantees

Author : Nelson Enonchong
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (12 download)

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Book Synopsis The Independence Principle of Letters of Credit and Demand Guarantees by : Nelson Enonchong

Download or read book The Independence Principle of Letters of Credit and Demand Guarantees written by Nelson Enonchong and published by . This book was released on 2011 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Standby Letters of Credit in International Trade

Author : Ramandeep Kaur Chhina
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041146245
Total Pages : 256 pages
Book Rating : 4.0/5 (411 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 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.

Letters of Credit, Demand Guarantees and the Spectrum of Abstraction

Author : Deborah Horowitz
Publisher :
ISBN 13 :
Total Pages : 774 pages
Book Rating : 4.:/5 (697 download)

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Book Synopsis Letters of Credit, Demand Guarantees and the Spectrum of Abstraction by : Deborah Horowitz

Download or read book Letters of Credit, Demand Guarantees and the Spectrum of Abstraction written by Deborah Horowitz and published by . This book was released on 2009 with total page 774 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Principles of International Economic Law, 3e

Author : Matthias Herdegen
Publisher : Oxford University Press
ISBN 13 : 0198897839
Total Pages : 657 pages
Book Rating : 4.1/5 (988 download)

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Book Synopsis Principles of International Economic Law, 3e by : Matthias Herdegen

Download or read book Principles of International Economic Law, 3e written by Matthias Herdegen and published by Oxford University Press. This book was released on 2024-07-04 with total page 657 pages. Available in PDF, EPUB and Kindle. Book excerpt: Herdegen's Principles of International Economic Law has established itself as a leading textbook in the field. This fully updated third edition covers areas of growing relevance in international economic law, including corporate social responsibility, challenges for WTO law, the impact of human rights and environmental law, and cryptocurrencies.

Letter of Credit - Bank Guarantees - Bill of Exchange (Draft) in Letters of Credit

Author : Heinz Duthel
Publisher :
ISBN 13 : 9783837036817
Total Pages : 120 pages
Book Rating : 4.0/5 (368 download)

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Book Synopsis Letter of Credit - Bank Guarantees - Bill of Exchange (Draft) in Letters of Credit by : Heinz Duthel

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:

Unconscionable Conduct in Commercial Transactions

Author : Garth Wooler
Publisher : Cambridge Scholars Publishing
ISBN 13 : 1527520900
Total Pages : 292 pages
Book Rating : 4.5/5 (275 download)

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Book Synopsis Unconscionable Conduct in Commercial Transactions by : Garth Wooler

Download or read book Unconscionable Conduct in Commercial Transactions written by Garth Wooler and published by Cambridge Scholars Publishing. This book was released on 2018-11-02 with total page 292 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book looks at the historical use of allegations of unconscionable conduct within the context of independent trade finance instruments, such as letters of credit and demand guarantees. It makes a detailed survey of the law of unconscionable conduct, the complexities of the doctrine of independence, and the circumstances where the former prevails to provide relief from abuse. It also completes a wide–ranging, sequential audit of the relevant case law in both Singapore and Australia where unconscionable conduct was alleged in independent instrument matters. The audit examines every case along the lines of precedent and details the contribution each makes to the law. Focussing on the jurisdictions of Singapore, Australia, and Malaysia, the book lays out the case for the broad adoption of unconscionable conduct in this domain. With its premises founded in precedent and statute, it describes the elements of independent instrument unconscionability as already laid down in law and links it to international banking practice.

Equity, Trusts and Commerce

Author : Paul S Davies
Publisher : Bloomsbury Publishing
ISBN 13 : 1509907300
Total Pages : 601 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Equity, Trusts and Commerce by : Paul S Davies

Download or read book Equity, Trusts and Commerce written by Paul S Davies and published by Bloomsbury Publishing. This book was released on 2017-05-18 with total page 601 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection of essays, written by leading commentators from across the common law world, examines a range of topics concerning Equity and Trusts in the commercial context. The essays investigate the way in which doctrines derived from the equitable jurisdiction interact with and shape various areas of the law, including company law, commercial law and agency law. Subjects considered include the difficulties in identifying trust assets in the commercial context; the court's role in supervising the trust; and the remedies available in cases of fiduciary or trustee wrongdoing. This book will be of interest to both academics and practitioners working in these difficult areas of equity and commercial law.

Principles of International Economic Law

Author : Matthias Herdegen
Publisher : Oxford University Press
ISBN 13 : 0192507850
Total Pages : 625 pages
Book Rating : 4.1/5 (925 download)

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Book Synopsis Principles of International Economic Law by : Matthias Herdegen

Download or read book Principles of International Economic Law written by Matthias Herdegen and published by Oxford University Press. This book was released on 2016-10-06 with total page 625 pages. Available in PDF, EPUB and Kindle. Book excerpt: Principles of International Economic Law provides a comprehensive overview of the central topics in international economic law, with an emphasis on the interplay between the different economic and political interests on both the international and domestic levels. Following recent tendencies, the book sets the classic topics of international economic law, like WTO law, investment protection, commercial law and monetary law in context with aspects of human rights, environmental protection and the legitimate claims of developing countries. The book draws a concise picture of the architecture of international economic law with all its complexities, without getting lost in fragmented details. Providing a perfect introductory text to the field of international economic law, the book thoroughly analyses legal developments within their wider political, economic, or social context. Topics covered range from codes of conduct for multinational enterprises, to the human rights implications of the exploitation of natural resources. The book demonstrates the economic foundations and economic implications of legal frameworks. It puts into profile the often complex relationship between, on the one hand, international standards on liberalization and economic rationality and, on the other, state sovereignty and national preferences. It describes the new forms of economic cooperation which have developed in recent decades, such as the growing number of transnational companies in the private sector, and forms of cooperation between states such as the G8 or G20. This fully updated second edition covers new aspects and developments including the growing importance of corporate social responsibility, mega-regional-agreements like CETA, TTIP, and TPP, trade and investment related aspects of human rights law.

New Developments in International Commercial and Consumer Law

Author : International Academy of Commercial and Consumer Law. Conference
Publisher : Hart Publishing
ISBN 13 : 1901362078
Total Pages : 530 pages
Book Rating : 4.9/5 (13 download)

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Book Synopsis New Developments in International Commercial and Consumer Law by : International Academy of Commercial and Consumer Law. Conference

Download or read book New Developments in International Commercial and Consumer Law written by International Academy of Commercial and Consumer Law. Conference and published by Hart Publishing. This book was released on 1998-03-19 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.

Trade Finance

Author : Christopher Hare
Publisher : Oxford University Press
ISBN 13 : 0192596675
Total Pages : 384 pages
Book Rating : 4.1/5 (925 download)

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Book Synopsis Trade Finance by : Christopher Hare

Download or read book Trade Finance written by Christopher Hare and published by Oxford University Press. This book was released on 2021-07-01 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: Trade Finance provides a much-needed re-examination of the relevant legal principles and a study of the challenges posed to current legal structures by technological changes, financial innovation, and international regulation. Arising out of the papers presented at the symposium, Trade Finance for the 21st Century, this collection brings together the perspectives of scholars and practitioners from around the globe focusing on core themes, such as reform and the future role of the UCP, the impact of technology on letters of credit and other forms of trade finance, and the rise of alternative forms of financing. The book covers three key fields of trade finance, starting with the challenges to traditional trade financing by means of documentary credit. These include issues related to contractual enforceability, the use of "soft clauses", the doctrine of strict compliance, the fraud exception, the role of the correspondent bank, performance bonds, and conflict of laws problems. The second main area covered by the work is the technological issues and opportunities in trade finance, including electronic bills of exchange, blockchain, and electronically transferable records. The final part of the work considers alternative and complementary trade finance mechanisms such as open account trading, supply-chain financing, the bank payment obligation, and countertrade.

The Principles of Personal Property Law

Author : Duncan Sheehan
Publisher : Bloomsbury Publishing
ISBN 13 : 1509901337
Total Pages : 633 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis The Principles of Personal Property Law by : Duncan Sheehan

Download or read book The Principles of Personal Property Law written by Duncan Sheehan and published by Bloomsbury Publishing. This book was released on 2017-05-18 with total page 633 pages. Available in PDF, EPUB and Kindle. Book excerpt: The law of personal property covers a very wide spectrum of scenarios and, unfortunately, has had little detailed scrutiny of its overarching structure over the years. It is a system and can best be understood as a system. Indeed, without understanding it as a system, it becomes much more difficult to comprehend. The second edition of this acclaimed textbook continues to provide a comprehensive yet detailed coverage of the law of personal property in England and Wales. It includes transfer of legal title to chattels, the nemo dat rule, negotiable instruments and assignment of choses in action. It also looks at defective transfers of property and the resulting proprietary claims, including those contingent on tracing, the tort of conversion, bailment and security interests. By bringing together areas often scattered throughout company law, commercial law, trusts and tort textbooks, it enables readers to see common themes and issues and to make otherwise impossible generalisations across different contexts about the nature of the concepts English law applies. Throughout the book, concepts are explained rigorously, with reference to how they are used in commercial practice and everyday life. The new edition also includes a new chapter on secured transactions law reform, and introduces new material on the Cape Town Convention, IP rights and other intangible property. The book will be of primary interest to academics and practitioners in the area. However, it will also be of use to students studying commercial or personal property law.

Smart Legal Contracts

Author : Jason Allen
Publisher : Oxford University Press
ISBN 13 : 0192674307
Total Pages : 529 pages
Book Rating : 4.1/5 (926 download)

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Book Synopsis Smart Legal Contracts by : Jason Allen

Download or read book Smart Legal Contracts written by Jason Allen and published by Oxford University Press. This book was released on 2022-04-04 with total page 529 pages. Available in PDF, EPUB and Kindle. Book excerpt: Smart Legal Contracts: Computable Law in Theory and Practice is a landmark investigation into one of the most important trends at the interface of law and technology: the effort to harness emerging digital technologies to change the way that parties form and perform contracts. While developments in distributed ledger technology have brought the topic of 'smart contracts' into the mainstream of legal attention, this volume takes a broader approach to ask how computers can be used in the contracting process. This book assesses how contractual promises are expressed in software and how code-based artefacts can be incorporated within more conventional legal structures. With incisive contributions from members of the judiciary, legal scholars, practitioners, and computer scientists, this book sets out to frame the borders of an emerging area of law and start a more productive dialogue between the various disciplines involved in the evolution of contracts as software. It provides the first step towards a more disciplined approach to computational contracts that avoids the techno-legal ambiguities of 'smart contracts' and reveals an emerging taxonomy of approaches to encoding contracts in whole or in part. Conceived and written during a time when major legal systems began to engage with the advent of contracts in computable form, and aimed at a fundamental level of enquiry, this collection will provide essential insight into future trends and will provide a point of orientation for future scholarship and innovation.

Criminology and Post-Mortem Studies

Author : Sara Palermo
Publisher : BoD – Books on Demand
ISBN 13 : 1839627735
Total Pages : 228 pages
Book Rating : 4.8/5 (396 download)

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Book Synopsis Criminology and Post-Mortem Studies by : Sara Palermo

Download or read book Criminology and Post-Mortem Studies written by Sara Palermo and published by BoD – Books on Demand. This book was released on 2021-10-20 with total page 228 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is not a handbook of criminology and forensic medicine but rather a tool that reviews socio-historical and scientific data and notes of methodology based on the different sciences aimed at the study of crime in all its many facets (sociology, jurisprudence, criminalistics, psychology, forensic neuroscience, and forensic medicine). The chapters deal with single aspects of the subject, such as juvenile delinquency, fraud, and the relationship between society, individual personality, and sexual criminal behavior. They then go into more detail, analyzing individual aspects of legal medicine in light of the evolution of the discipline between the 20th and 21st centuries, including infant and adult post-mortem examination and genetic DNA identification.

Uses of Letters of Credit as Payment Guarantees, Financial Guarantees

Author : Robert M. Rosenblith
Publisher :
ISBN 13 : 9781558400429
Total Pages : pages
Book Rating : 4.4/5 (4 download)

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Book Synopsis Uses of Letters of Credit as Payment Guarantees, Financial Guarantees by : Robert M. Rosenblith

Download or read book Uses of Letters of Credit as Payment Guarantees, Financial Guarantees written by Robert M. Rosenblith and published by . This book was released on 1988 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Seminar on Letters of Credit, Bank Guarantees & Other On Demand Payment Instruction, 3-6 September, 1996, Ota

Author :
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (971 download)

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Book Synopsis Seminar on Letters of Credit, Bank Guarantees & Other On Demand Payment Instruction, 3-6 September, 1996, Ota by :

Download or read book Seminar on Letters of Credit, Bank Guarantees & Other On Demand Payment Instruction, 3-6 September, 1996, Ota written by and published by . This book was released on 1996 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Law of Letters of Credit and Bank Guarantees

Author : Agasha Mugasha
Publisher :
ISBN 13 : 9781862872202
Total Pages : 312 pages
Book Rating : 4.8/5 (722 download)

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Book Synopsis The Law of Letters of Credit and Bank Guarantees by : Agasha Mugasha

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