The Emerging Law Of Standby Letters Of Credit And Bank Guarantees

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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

Download 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 PDF Online Free

Author : Roeland I. V. F. Bertrams
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.

Letters of Credit and Bank Guarantees Under International Trade Law

Author : Matti Kurkela
Publisher :
ISBN 13 : 9780195323160
Total Pages : 0 pages
Book Rating : 4.3/5 (231 download)

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Book Synopsis Letters of Credit and Bank Guarantees Under International Trade Law by : Matti Kurkela

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

International Standby Practices

Author : International Chamber of Commerce
Publisher : ICC Publishing
ISBN 13 :
Total Pages : 94 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis International Standby Practices by : International Chamber of Commerce

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:

The Fraud Rule in the Law of Letters of Credit:A Comparative Study

Author : Xiang Gao
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041198989
Total Pages : 222 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis The Fraud Rule in the Law of Letters of Credit:A Comparative Study by : Xiang Gao

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.

Standby and Commercial Letters of Credit

Author : Brooke Wunnicke
Publisher : Wolters Kluwer
ISBN 13 : 0735517339
Total Pages : 1690 pages
Book Rating : 4.7/5 (355 download)

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Book Synopsis Standby and Commercial Letters of Credit by : Brooke Wunnicke

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.

Standby Letters of Credit in International Trade

Author : Ramandeep Kaur Chhina
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041146245
Total Pages : 251 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 251 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.

International Loans, Bonds, Guarantees, Legal Opinions

Author : Philip R. Wood
Publisher : Sweet & Maxwell
ISBN 13 : 1847032087
Total Pages : 493 pages
Book Rating : 4.8/5 (47 download)

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Book Synopsis International Loans, Bonds, Guarantees, Legal Opinions by : Philip R. Wood

Download or read book International Loans, Bonds, Guarantees, Legal Opinions written by Philip R. Wood and published by Sweet & Maxwell. This book was released on 2007 with total page 493 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume provides coverage of syndicated bank credit agreements and loan transfers, international bond issues including equity-linked bonds, note programs and high yield notes, bondholder trustees and collective action clauses and more.

Bank Credits and Acceptances

Author : Henry Harfield
Publisher :
ISBN 13 :
Total Pages : 398 pages
Book Rating : 4.:/5 (51 download)

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Book Synopsis Bank Credits and Acceptances by : Henry Harfield

Download or read book Bank Credits and Acceptances written by Henry Harfield and published by . This book was released on 1974 with total page 398 pages. Available in PDF, EPUB and Kindle. Book excerpt:

International Bank and Other Guarantees Handbook

Author : Yann Aubin
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041141294
Total Pages : 1024 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 2016-04-24 with total page 1024 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.

Bank Guarantees in International Trade

Author : Roeland F. Bertrams
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041141308
Total Pages : 585 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 585 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.

Credit Guarantees

Author : Michael Gudger
Publisher : Food & Agriculture Org.
ISBN 13 : 9789251041734
Total Pages : 154 pages
Book Rating : 4.0/5 (417 download)

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Book Synopsis Credit Guarantees by : Michael Gudger

Download or read book Credit Guarantees written by Michael Gudger and published by Food & Agriculture Org.. This book was released on 1998 with total page 154 pages. Available in PDF, EPUB and Kindle. Book excerpt: The problem of collateral is a daily issue for lenders and causes much debate in the development finance community. Given the difficulties experienced in arranging traditional forms of loan security, such as land or chattel mortgages, various collateral substitutes have been proposed. Among the substitutes for traditional collateral is the loan guarantee. Guarantee systems for loans have been proposed, planned and implemented in various countries. The assumption made by proponents of such a service is that the guarantee organization is either better informed about the risk of the loan than the lender or it is better structured financially to be able to manage the risk. Despite the apparent attractiveness of a loan guarantee, the empirical evidence available gives little encouragement. Nevertheless, interest in guarantees continues.

Uniform Rules for Contract Guarantees

Author : International Chamber of Commerce
Publisher :
ISBN 13 :
Total Pages : 30 pages
Book Rating : 4.:/5 (91 download)

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Book Synopsis Uniform Rules for Contract Guarantees by : International Chamber of Commerce

Download or read book Uniform Rules for Contract Guarantees written by International Chamber of Commerce and published by . This book was released on 1987 with total page 30 pages. Available in PDF, EPUB and Kindle. Book excerpt:

International Convergence of Capital Measurement and Capital Standards

Author :
Publisher : Lulu.com
ISBN 13 : 9291316695
Total Pages : 294 pages
Book Rating : 4.2/5 (913 download)

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Book Synopsis International Convergence of Capital Measurement and Capital Standards by :

Download or read book International Convergence of Capital Measurement and Capital Standards written by and published by Lulu.com. This book was released on 2004 with total page 294 pages. Available in PDF, EPUB and Kindle. Book excerpt:

International Trade Law

Author : Indira Carr
Publisher : Routledge
ISBN 13 : 1317973968
Total Pages : 1117 pages
Book Rating : 4.3/5 (179 download)

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Book Synopsis International Trade Law by : Indira Carr

Download or read book International Trade Law written by Indira Carr and published by Routledge. This book was released on 2013-11-26 with total page 1117 pages. Available in PDF, EPUB and Kindle. Book excerpt: International Trade Law offers a clear overview of the complexities of an international sale transaction through informed analysis of case law, legislation, and international conventions and rules. Fully updated with changes to the law and new directions in legal debate, this new edition considers: • Standard trade terms including INCOTERMS 2010, the Convention on International Sales of Goods 1980 and the UNIDROIT Principles for International Commercial Contracts 2004 • E-Commerce issues, including electronic bills of lading • Insurance and payment mechanisms, such as letters of credit and the UCP 600 • International transportation of cargo, including the Rotterdam Rules • Dispute resolution, incorporating jurisdiction, applicable law, arbitration and mediation • Corruption and anti-corruption conventions, including the UK Bribery Act 2010 In addition to clarifying a range of topics through tables and diagrams, the book directs readers to relevant further reading and online resources throughout, offering students an accessible resource to this often challenging area of the law.

Off-Balance Sheet Activities

Author : Joshua Ronen
Publisher : Bloomsbury Publishing USA
ISBN 13 : 0313366683
Total Pages : 192 pages
Book Rating : 4.3/5 (133 download)

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Book Synopsis Off-Balance Sheet Activities by : Joshua Ronen

Download or read book Off-Balance Sheet Activities written by Joshua Ronen and published by Bloomsbury Publishing USA. This book was released on 1990-11-30 with total page 192 pages. Available in PDF, EPUB and Kindle. Book excerpt: The objective of Off-Balance Sheet Activities is to gain insights into, and propose meaningful solutions to, those issues raised by the current proliferation of off-balance sheet transactions. The book has its origins in a New York University conference that focused on this topic. Jointly undertaken by the Vincent C. Ross Institute of Accounting Research and New York University's Salomon Center for the study of Financial Institutions at the Stern School of Business, the conference brought together academic researchers and practitioners in the field of accounting and finance to address the issues with the broad-mindedness requisite of a group whose approaches to solutions are as different from each other as their respectively theoretical and applied approaches to the disciplines of finance and accounting. The essays are divided into two sections. The first covers issues surrounding OBS activities and banking and begins with a brief introduction that places the essays into context. OBS activities and the underinvestment problem, whether loan sales are really OBS, and money demand and OBS liquidity are examined in detail. Section two, which also begins with a brief introduction, focuses on issues of securitized assets and financing. A report on recognition and measurement issues in accounting for securitized assets is followed by three separate discussion essays. Other subjects covered include contract theoretic analysis of OBS financing, the use of OBS financing to circumvent financial covenant restrictions, and debt contracting and financial contracting. The latter two contributions are also followed by discussion essays. This unique collection of papers will prove to be an interesting and valuable tool for accounting and finance professionals as well as for academics involved in these fields. It will also be an important addition to public, college, and university libraries.

Construction Law Update 2019 (IL)

Author : Sweeney
Publisher : Wolters Kluwer
ISBN 13 : 1543810179
Total Pages : 1690 pages
Book Rating : 4.5/5 (438 download)

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Book Synopsis Construction Law Update 2019 (IL) by : Sweeney

Download or read book Construction Law Update 2019 (IL) written by Sweeney and published by Wolters Kluwer. This book was released on 2019-04-17 with total page 1690 pages. Available in PDF, EPUB and Kindle. Book excerpt: For the past twenty-six years, legal and business professionals in the construction law industry have eagerly anticipated the annual release of this best-selling guide. The Construction Law Update chronicles and communicates changes in the construction law industry. Comprised of twelve informative chapters -- each written by an expert or experts in the field -- the 2019 Edition offers these contributing authors' timely, practical analysis on many current issues in the construction law industry. Construction Law Update brings you up-to-date with new developments impacting six major geographical regions of the United States: Southeast, Northeast, Southwest, West, Northwest, and Midwest. You'll discover what's happening in vital areas like: Developments in federal contracting Licensing laws Current standards under OSHA Surety bonds, indemnity claims and defenses The impact of cybersecurity and cyber threats on construction International arbitration in international construction projects And more! Note: Online subscriptions are for three-month periods. Previous Edition: Construction Law Update 2018, ISBN: 9781454899440¿

Bank Liquidity Creation and Financial Crises

Author : Allen N. Berger
Publisher : Academic Press
ISBN 13 : 0128005319
Total Pages : 296 pages
Book Rating : 4.1/5 (28 download)

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Book Synopsis Bank Liquidity Creation and Financial Crises by : Allen N. Berger

Download or read book Bank Liquidity Creation and Financial Crises written by Allen N. Berger and published by Academic Press. This book was released on 2015-11-24 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: Bank Liquidity Creation and Financial Crises delivers a consistent, logical presentation of bank liquidity creation and addresses questions of research and policy interest that can be easily understood by readers with no advanced or specialized industry knowledge. Authors Allen Berger and Christa Bouwman examine ways to measure bank liquidity creation, how much liquidity banks create in different countries, the effects of monetary policy (including interest rate policy, lender of last resort, and quantitative easing), the effects of capital, the effects of regulatory interventions, the effects of bailouts, and much more. They also analyze bank liquidity creation in the US over the past three decades during both normal times and financial crises. Narrowing the gap between the "academic world" (focused on theories) and the "practitioner world" (dedicated to solving real-world problems), this book is a helpful new tool for evaluating a bank's performance over time and comparing it to its peer group. - Explains that bank liquidity creation is a more comprehensive measure of a bank's output than traditional measures and can also be used to measure bank liquidity - Describes how high levels of bank liquidity creation may cause or predict future financial crises - Addresses questions of research and policy interest related to bank liquidity creation around the world and provides links to websites with data and other materials to address these questions - Includes such hot-button topics as the effects of monetary policy (including interest rate policy, lender of last resort, and quantitative easing), the effects of capital, the effects of regulatory interventions, and the effects of bailouts