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Author : James E. Byrne,Ramsey Saleeby,Sean G. Penny
Publisher : Thomson West
Page : 0 pages
File Size : 49,7 Mb
Release : 2009
Category : Commercial law
ISBN : 0314908005
Author : Roeland F. Bertrams
Publisher : Kluwer Law International B.V.
Page : 556 pages
File Size : 51,6 Mb
Release : 2013-01-06
Category : Law
ISBN : 9789041141309
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 : Peter Ellinger,Dora Neo
Publisher : Hart Publishing
Page : 0 pages
File Size : 41,9 Mb
Release : 2010-01-01
Category : Law
ISBN : 1841136735
Letters of credit have retained their role as an instrumentality for the financing of foreign trade. An understanding of the law and practice in point is imperative for lawyers advising business people and bank clients, as well as for the banking and trading communities. The book examines the topic on the basis of the common law system, primarily UK law, and adopts an approach that is analytical and not merely descriptive. Letter of credit transactions are, by their nature, international and most nations have adopted the Uniform Customs and Practices ("UCP") originally promulgated by the International Chamber of Commerce (ICC) in 1933 and updated from time to time. Today, the UCP constitutes a code of internationally accepted rules governing letter of credit transactions. The authors have therefore selectively incorporated some comparative discussion, for instance, of the position in the USA and Europe. The book will be an essential work of reference for commercial lawyers in all the major financial centres of Europe, America and Asia.
Author : R. Bertrams
Publisher : Springer
Page : 460 pages
File Size : 50,9 Mb
Release : 1996-04-29
Category : Law
ISBN : UOM:35112202404960
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 : Brooke Wunnicke,Paul S. Turner
Publisher : Wolters Kluwer
Page : 1690 pages
File Size : 49,7 Mb
Release : 2000-10-01
Category : Business & Economics
ISBN : 9780735517332
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 : James E. Byrne,Christopher S. Byrnes
Publisher : Unknown
Page : 306 pages
File Size : 46,8 Mb
Release : 2007
Category : Electronic
ISBN : 1888870419
Author : Lazar Sarna
Publisher : Unknown
Page : 284 pages
File Size : 45,6 Mb
Release : 1986
Category : Banks and banking
ISBN : UIUC:30112021671661
Author : Matti Kurkela
Publisher : Unknown
Page : 0 pages
File Size : 45,8 Mb
Release : 2008
Category : Law
ISBN : 0195323165
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
Author : James E. Byrne,Christopher S. Byrnes
Publisher : Unknown
Page : 473 pages
File Size : 49,8 Mb
Release : 2005
Category : Electronic
ISBN : 1888870389
Author : International Trade Centre
Publisher : United Nations
Page : 392 pages
File Size : 50,7 Mb
Release : 2004-04-30
Category : Political Science
ISBN : 9789213618202
This study introduces the basics of financing and security mechanisms in international trade and describes the methods of maximizing the benefits and neutralizing the risks involved. It examines issues such as the law and practice of international payments, financing and re-financing of mid and long term receivables, and securing the repayment of credits. It also discusses dispute resolution, international institutions related to trade finance and various model contractual provisions. A glossary is included.
Author : Xiang Gao
Publisher : Kluwer Law International B.V.
Page : 222 pages
File Size : 40,7 Mb
Release : 2002-01-01
Category : Law
ISBN : 9789041198983
"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 : James E. Byrne
Publisher : Unknown
Page : 377 pages
File Size : 50,6 Mb
Release : 2014
Category : Banking law
ISBN : 188887063X
Author : Ebenezer O. I. Adodo
Publisher : Unknown
Page : 350 pages
File Size : 44,9 Mb
Release : 2014
Category : Electronic
ISBN : 0191790710
This work examines the legal nature and requirements of compliance in letter of credit transactions in Anglo-American jurisdictions, as well as the associated contract choice of law issues.
Author : Rodney N. Purvis,Robert Darvas
Publisher : MICHIE
Page : 247 pages
File Size : 45,5 Mb
Release : 1975-01-01
Category : Arbitration and award
ISBN : 0409437999
"This book has been written in order that it might provide reference material for use on a day to day basis, or as occasionally required, not only by the importer, exporter, banker, agent and public administrator, but also the economist, accountant, lawyer and student in each of these fields in an endeavour to assist in the carrying into effect and completion of contracts for sale or purchase of goods between the parties located in different countries."--Preface, p. v.
Author : Matti Kurkela
Publisher : Unknown
Page : 552 pages
File Size : 42,7 Mb
Release : 1985
Category : Business & Economics
ISBN : UIUC:30112021581431