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Gutteridge And Megrahs Law Of Bankers Commercial Credits
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Book Synopsis Gutteridge and Megrah's Law of Bankers' Commercial Credits by : Richard King
Download or read book Gutteridge and Megrah's Law of Bankers' Commercial Credits written by Richard King and published by Routledge. This book was released on 2003-09-02 with total page 478 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Clive M. Schmitthoff's Select Essays on International Trade Law by : Clive Maximilian Schmitthoff
Download or read book Clive M. Schmitthoff's Select Essays on International Trade Law written by Clive Maximilian Schmitthoff and published by BRILL. This book was released on 1988-01-01 with total page 864 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Law of Security and Title-Based Financing 4e by : Louise Gullifer
Download or read book The Law of Security and Title-Based Financing 4e written by Louise Gullifer and published by Oxford University Press. This book was released on 2024-11-07 with total page 1137 pages. Available in PDF, EPUB and Kindle. Book excerpt: Personal property security is an important subject in commercial practice as it is the key to much of the law of banking and sale. This book examines traditional methods of securing debts (such as mortgages, charges and pledges as well as so-called 'quasi-security') on property other than land, describing how these are created, how they must be registered (or otherwise 'perfected') if they are to be valid, the rights and duties of the parties and how the security is enforced if the debt is not paid. This fourth edition has been updated to incorporate recent political and legal developments, including Brexit. The 'Edinburgh Reforms', which have followed the United Kingdom's exit from the European Union, promise a thorough overhaul of the consumer credit regime. The Retained EU Law (Revocation and Reform) Act 2023 potentially affects the interpretation of EU assimilated law, including the Financial Collateral Arrangements (No2) Regulations (FCARs). This edition further assesses the implications of the Business Contract Terms (Assignment of Receivables) Regulations 2018, taking pledges over electronic documents of title in the light of the Electronic Trade Documents Act 2023, the outlawing of 'ipso facto' clauses by the Corporate Insolvency and Governance Act 2020, and the reduced scope of the EU Insolvency Regulation. The treatment of insolvency matters within the framework of the Cape Town Convention is also considered, as are recent cases on pledges of bills of lading when the carrier no longer has possession of the goods, the distinction between fixed and floating charges, equitable liens and the right of appropriation of financial collateral. There is a full discussion of the taking of security over digital assets and the relevance of the FCARs. The only full-length treatment covering both traditional security over personal property and also devices that fulfil a similar economic function, such as retention of title and sales of receivables, The Law of Security and Title-Based Financing is a frequently-cited and indispensable reference work both for practitioners and academics.
Book Synopsis Law, Society, and Economy by : Richard Rawlings
Download or read book Law, Society, and Economy written by Richard Rawlings and published by Oxford University Press. This book was released on 1997 with total page 404 pages. Available in PDF, EPUB and Kindle. Book excerpt: This centenary volume of essays explores a number of related themes which differentiate and characterize the approach of the LSE. Central to this, is the assumption that law is one of the social sciences and that law should be studied "in context" as a social phenomenon. The contributors havebeen chosen both for their distinction and for their connection with the LSE, and include such eminent figures as Mrs Justice Arden, Judge Rosalyn Higgins, Sir Stephen Sedley, and Roberto Mangabeira Unger.The essays focus on three main subject areas: Law and Economy; Dimensions of Law; and Courts and Process which are discussed against the broader canvas of the School's approach to Law . Thus, Comaroff, Cohen, Unger and Teubner adopt an interdisciplinary approach to the subject, stressing both legaland social theory, while the contributions of Cranston, Cornish and others stress an internationalist approach. A characteristic LSE focus on the dynamic nature of law runs through the work of Collins, Higgins and Lord Wedderburn, while a reformist tradition (allied with concern for the practical)is explored alongside the introduction of new legal subjects into the curriculum.Fascinating and thought provoking, this volume is an accesible summary of current thought and debate presented by today's leading scholars and practioners. Law, Society and Economy will be of enduring interest to scholars and practioners worldwide, akin to Ginsberg's celebrated and widely citedvolume of essays which marked the School's fiftieth anniversary.
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.
Download or read book New York Suprem Court written by and published by . This book was released on with total page 1166 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Debattista on Bills of Lading in Commodities Trade by : Charles Debattista
Download or read book Debattista on Bills of Lading in Commodities Trade written by Charles Debattista and published by Bloomsbury Publishing. This book was released on 2021-04-23 with total page 405 pages. Available in PDF, EPUB and Kindle. Book excerpt: Debattista on Bills of Lading in Commodity Trade provides not so much a linear road-map as a GPS system, allowing the reader to locate which aspect of the bill of lading is central to the dispute they are dealing with and evaluating that aspect from the perspective of each of: (1) the contract of sale; (2) carriage contract and (3) letter of credit. The title examines questions such as: How can a buyer ensure in their sale contract that the bill of lading the buyer receives from the seller gives them secure title to sue the carrier? What impact does the choice of a particular Incoterms rule have on whom the carrier can sue under the contract of carriage? Where there is a claim by a buyer/cargo-claimant for loss, damage or delay to goods, must they factor any gains or benefits made under the sale contract claim/settlement into the quantum claimed in the cargo-claim against the carrier? What is a 'charterparty bill of lading' - and can it be tendered under a letter of credit? When and why might a seller need to “switch” bills of lading for its buyer or its bank - and does the seller have a right to demand the switching of bills under the Hague-Visby Rules? All of these questions – and many others like them – cut across areas of law normally siloed in academic and practitioner texts. The purpose of this title is to make links and draw out connections, with a view to assisting lawyers when a dispute arises – and others drafting different contracts seeking to avoid problems arising in the first place. The fourth edition of this work, now bearing a new title and benefitting from the arrival of a co-author, has been fully revised to take account of case-law and regulatory developments in the twelve years since the last edition.
Book Synopsis Cheshire, Fifoot, and Furmston's Law of Contract by : M. P. Furmston
Download or read book Cheshire, Fifoot, and Furmston's Law of Contract written by M. P. Furmston and published by Oxford University Press. This book was released on 2017 with total page 901 pages. Available in PDF, EPUB and Kindle. Book excerpt: "[This book provides an] account of the principles of the law of contract with...analysis and insights...Each topic is clearly signposted with summaries, introductory text and sub-headings for ease of navigation throughout the book. Numerous references to additional primary and secondary sources take the reader even further into the subject."--
Book Synopsis Finance of International Trade in the Gulf by : Ahmed Al-Suwaidi
Download or read book Finance of International Trade in the Gulf written by Ahmed Al-Suwaidi and published by BRILL. This book was released on 1994-01-01 with total page 358 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyses the legal structure and operation of the conventional and Islamic banking systems in the Gulf Arab states. It defines the legal issues involved and case law decided by the English, American and the Gulf Arab states courts in operating the two systems in financing the international trade transactions and covering the concurrent application, the advantages and disadvantages and the problems of each system. This book also gives a particular challenge to the fraud in international trade and considers the development of countertrade and electronic funds transfer as methods of financing some of the international business transactions. This book is very helpful for those who are dealing with the financing of the international trade, their professional advisors, staff of the conventional and Islamic banks and students who study law and commerce as part of their syllabuses of legal and international business studies. This book is also very essential reading for anyone who wants to succeed in the competitive conditions of modern banking business vis-a-vis the international trade in the Gulf Arab states. This book is also very helpful for the lawyer who is called upon to assist the businessman in his ventures or who wants to resolve a problem which has arisen in financing the international business transactions.
Book Synopsis Privity of Contract: The Impact of the Contracts (Right of Third Parties) Act 1999 by : Robert Merkin
Download or read book Privity of Contract: The Impact of the Contracts (Right of Third Parties) Act 1999 written by Robert Merkin and published by Taylor & Francis. This book was released on 2013-07-24 with total page 867 pages. Available in PDF, EPUB and Kindle. Book excerpt: Privity of Contract offers a unique perspective of how the Contracts (Rights of Third Parties) Act 1999 works in practice. Issues covered include: the operation of the doctrine of privity prior to its repeal; the scope and impact of the 1999 Act; and the operation of the 1999 Act in the most important commercial contexts to which it is applicable. It also incorporates discussion and the text of the Law Commission reports, whose proposals produced the bill that ultimately passed into law.
Book Synopsis Place of Performance by : Chukwuma Okoli
Download or read book Place of Performance written by Chukwuma Okoli and published by Bloomsbury Publishing. This book was released on 2020-05-28 with total page 313 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides an unprecedented analysis on the place of performance. The central theme is that the place of performance is of considerable significance as a connecting factor in international commercial contracts. This book challenges and questions the approach of the European legislator for not explicitly giving special significance to the place of performance in determining the applicable law in the absence of choice for commercial contracts. It also contains, inter alia, an analogy to matters of foreign country mandatory rules, and the coherence between jurisdiction and choice of law. It concludes by proposing a revised Article 4 of Rome I Regulation, which could be used as an international solution by legislators, judges, arbitrators and other stakeholders who wish to reform their choice of law rules.
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.
Book Synopsis The Journal of International Maritime Law by :
Download or read book The Journal of International Maritime Law written by and published by . This book was released on 2004 with total page 672 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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.
Book Synopsis Bills of Lading and Bankers' Documentary Credits by : Paul Todd
Download or read book Bills of Lading and Bankers' Documentary Credits written by Paul Todd and published by Taylor & Francis. This book was released on 2013-05-02 with total page 566 pages. Available in PDF, EPUB and Kindle. Book excerpt: Bills of Lading and Bankers’ Documentary Credits provides a straightforward guide to the nuances and complexities of deals conducted under the documentary credit system. The book describes in detail the law applicable to and the practical workings of bankers' documentary credits as they are used in international sales and carriage of goods contracts in a way that is accessible to both lawyers and to businessmen who have to use these contracts on a day-to-day basis. In its fourth edition, Bills of Lading and Bankers’ Documentary Credits has been completely updated to take account of recent case law and developments including the UCP 600 as well as progress in electronic and other documentation since the last edition.
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.
Book Synopsis International Trade Law by : Indira Carr
Download or read book International Trade Law written by Indira Carr and published by Taylor & Francis. This book was released on 2010 with total page 835 pages. Available in PDF, EPUB and Kindle. Book excerpt: International Trade Law offers a comprehensive and informed analysis of the complexities of an international sale transaction through case law, policy documents, legislation, international conventions and rules adopted by international organisations such as the ICC. Focusing on international sales of goods and the various relations that arise as a result of sale contract, this book considers and discusses: - standard trade terms, major conventions and principles - issues relating to E-Commerce - international transportation of cargo - insurance and payment mechanisms - dispute resolution Accessible to students encountering this often challenging area of the law for the first time, International Trade Law clarifies a range of topics through tables and diagrams, and directs the reader to relevant further reading, online resources, and journal articles throughout.
