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Author : James E. Byrne
Publisher :
ISBN 13 : 9781888870206
Total Pages : 378 pages
Book Rating : 4.8/5 (72 download)
Download or read book Standby LC Rules and Laws written by James E. Byrne and published by . This book was released on 1999-01-01 with total page 378 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : James E. Byrne
Publisher :
ISBN 13 : 9781888870329
Total Pages : 378 pages
Book Rating : 4.8/5 (73 download)
Download or read book Standby LC Rules and Laws written by James E. Byrne and published by . This book was released on 1999-02-01 with total page 378 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : International Chamber of Commerce
Publisher : ICC Publishing
ISBN 13 :
Total Pages : 94 pages
Book Rating : 4.F/5 ( download)
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:
Author : John F. Dolan
Publisher : Warren Gorham & Lamont
ISBN 13 :
Total Pages : 1048 pages
Book Rating : 4.F/5 ( download)
Download or read book The Law of Letters of Credit written by John F. Dolan and published by Warren Gorham & Lamont. This book was released on 1991 with total page 1048 pages. Available in PDF, EPUB and Kindle. Book excerpt: This treatise addresses all standby and commercial letter of credit problems and provides guidance through the case law under UCC Article 5. Establishing, amending, and terminating the letter of credit is discussed in detail.
Author : Ramandeep Kaur Chhina
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041146245
Total Pages : 256 pages
Book Rating : 4.0/5 (411 download)
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.
Author : Roeland F. Bertrams
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041141308
Total Pages : 556 pages
Book Rating : 4.0/5 (411 download)
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.
Author : Brooke Wunnicke
Publisher : Wolters Kluwer
ISBN 13 : 0735517339
Total Pages : 1690 pages
Book Rating : 4.7/5 (355 download)
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.
Author : Brooke Wunnicke
Publisher : John Wiley & Sons
ISBN 13 :
Total Pages : 520 pages
Book Rating : 4.:/5 (319 download)
Download or read book Standby Letters of Credit written by Brooke Wunnicke and published by John Wiley & Sons. This book was released on 1989 with total page 520 pages. Available in PDF, EPUB and Kindle. Book excerpt: This single-volume work provides a reference for anyone involved in transactions requiring standby letters of credit. It offers sample documents and clauses, discusses the new Federal Reserve risk-based capital guidelines, and recent court cases involving standby letters of credit.
Author : Xiang Gao
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041198989
Total Pages : 222 pages
Book Rating : 4.0/5 (411 download)
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.
Author : Roeland I. V. F. Bertrams
Publisher : Springer
ISBN 13 :
Total Pages : 460 pages
Book Rating : 4.3/5 (511 download)
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.
Author : Joshua Ronen
Publisher : Bloomsbury Publishing USA
ISBN 13 : 0313366683
Total Pages : 192 pages
Book Rating : 4.3/5 (133 download)
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.
Author : James E. Byrne
Publisher :
ISBN 13 : 9781888870367
Total Pages : 247 pages
Book Rating : 4.8/5 (73 download)
Download or read book LC Rules & Laws written by James E. Byrne and published by . This book was released on 2007 with total page 247 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author :
Publisher :
ISBN 13 :
Total Pages : 696 pages
Book Rating : 4.3/5 (91 download)
Download or read book Code of Federal Regulations written by and published by . This book was released on 2003 with total page 696 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Kevin Patrick McGuinness
Publisher : Scarborough, Ont. : Carswell
ISBN 13 : 9780459560089
Total Pages : 903 pages
Book Rating : 4.5/5 (6 download)
Download or read book The Law of Guarantee written by Kevin Patrick McGuinness and published by Scarborough, Ont. : Carswell. This book was released on 1996 with total page 903 pages. Available in PDF, EPUB and Kindle. Book excerpt: This new edition of the leading Canadian text on the law of guarantees provides full coverage of both the law and practice in this area. An invaluable source of reference for practitioners throughout the Commonwealth, it cites over 1,500 cases, with in-depth analysis of recent decisions such as Pax Management v. CIBC on the effect of creditor misconduct and Barclay's Bank v. O'Brien on spousal guarantees. This edition has been substantially revised and updated with: - Citation of hundreds of new Canadian and Commonwealth cases - New commentary on key issues such as insurance contracts and the impact of consumer credit legislation - Greatly expanded coverage of corporate guarantees, duty of good faith in contract and breach of fiduciary duty.
Author : James E. Byrne
Publisher : Inst of International Banking Law & practice
ISBN 13 : 9781888870176
Total Pages : 353 pages
Book Rating : 4.8/5 (71 download)
Download or read book The Official Commentary on the International Standby Practices written by James E. Byrne and published by Inst of International Banking Law & practice. This book was released on 1998 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author :
Publisher :
ISBN 13 :
Total Pages : 512 pages
Book Rating : 4.F/5 ( download)
Download or read book The Code of Federal Regulations of the United States of America written by and published by . This book was released on 1997 with total page 512 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Code of Federal Regulations is the codification of the general and permanent rules published in the Federal Register by the executive departments and agencies of the Federal Government.
Author :
Publisher : ICC Publications
ISBN 13 :
Total Pages : 114 pages
Book Rating : 4.F/5 ( download)
Download or read book ISBP written by and published by ICC Publications. This book was released on 2003 with total page 114 pages. Available in PDF, EPUB and Kindle. Book excerpt: International Standard Banking Practice (ISBP) for the examination of documents under documentary credits, answers the most relevant questions practitioners have concerning how UCP 500, ICC's universally used rules on documentary credits, are to be integrated into day-to-day practice. The product of more than two years of work by the ICC Banking Commission, ISBP is based on the official Opinions issued by the Banking Commission in response to queries submitted by users of UCP 500. The text provides responses to the key questions relating to the examination of drafts, multimodal transport documents, insurance documents, certificates of origin and a range of other documents associates with letters of credit. This publication reflects international standard banking practice for all parties to a documentary credit. Figures show that 60%-70% of credits are rejected for discrepancies on first presentation. The new ISBP, by encouraging a uniformity of practice worldwide, is expected to cut these figures dramatically and, by doing so, to facilitate the flow of world trade.
