Letters Of Credit And Demand Guarantees Defences To Payment

Author : Deborah Horowitz
Publisher : Oxford University Press
Page : 273 pages
File Size : 45,7 Mb
Release : 2010-06-10
Category : Business & Economics
ISBN : 9780199588534

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Letters of Credit and Demand Guarantees: Defences to Payment by Deborah Horowitz Pdf

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.

Author : Nelson Enonchong
Publisher : Unknown
Page : 128 pages
File Size : 43,8 Mb
Release : 2011
Category : Electronic
ISBN : OCLC:1203983709

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The Independence Principle of Letters of Credit and Demand Guarantees by Nelson Enonchong Pdf

Author : Ramandeep Kaur Chhina
Publisher : Kluwer Law International B.V.
Page : 256 pages
File Size : 54,5 Mb
Release : 2012-12-01
Category : Law
ISBN : 9789041146243

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Standby Letters of Credit in International Trade by Ramandeep Kaur Chhina Pdf

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 Irenius Vincent Felix Bertrams
Publisher : Unknown
Page : 428 pages
File Size : 40,8 Mb
Release : 1990
Category : Banks and banking, International
ISBN : OCLC:65583462

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Bank Guarantees in International Trade by Roeland Irenius Vincent Felix Bertrams Pdf

Author : Matthias Herdegen
Publisher : Oxford University Press
Page : 657 pages
File Size : 40,8 Mb
Release : 2024-07-04
Category : Business & Economics
ISBN : 9780198897835

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Principles of International Economic Law, 3e by Matthias Herdegen Pdf

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.

Author : Paul S Davies,James Penner
Publisher : Bloomsbury Publishing
Page : 601 pages
File Size : 41,8 Mb
Release : 2017-05-18
Category : Law
ISBN : 9781509907304

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Equity, Trusts and Commerce by Paul S Davies,James Penner Pdf

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.

Author : Garth Wooler
Publisher : Cambridge Scholars Publishing
Page : 292 pages
File Size : 55,5 Mb
Release : 2018-11-02
Category : Law
ISBN : 9781527520905

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Unconscionable Conduct in Commercial Transactions by Garth Wooler Pdf

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.

Author : Matthias Herdegen
Publisher : Oxford University Press
Page : 625 pages
File Size : 48,6 Mb
Release : 2016-10-06
Category : Law
ISBN : 9780192507853

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Principles of International Economic Law by Matthias Herdegen Pdf

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.

Author : Duncan Sheehan
Publisher : Bloomsbury Publishing
Page : 480 pages
File Size : 53,7 Mb
Release : 2017-05-18
Category : Law
ISBN : 9781509901340

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The Principles of Personal Property Law by Duncan Sheehan Pdf

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.

Author : International Academy of Commercial and Consumer Law. Conference
Publisher : Hart Publishing
Page : 530 pages
File Size : 51,8 Mb
Release : 1998-03-19
Category : Law
ISBN : 9781901362077

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New Developments in International Commercial and Consumer Law by International Academy of Commercial and Consumer Law. Conference Pdf

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.

Author : Christopher Hare,Dora Neo
Publisher : Oxford University Press
Page : 384 pages
File Size : 43,6 Mb
Release : 2021-07-01
Category : Law
ISBN : 9780192596673

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Trade Finance by Christopher Hare,Dora Neo Pdf

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.

Author : Roeland F. Bertrams
Publisher : Unknown
Page : 428 pages
File Size : 48,6 Mb
Release : 1996-01-01
Category : Banks and banking, International
ISBN : 9284211980

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Bank Guarantees in International Trade by Roeland F. Bertrams Pdf

Author : Jason Allen,Peter Hunn
Publisher : Oxford University Press
Page : 529 pages
File Size : 41,6 Mb
Release : 2022-04-04
Category : Law
ISBN : 9780192674302

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Smart Legal Contracts by Jason Allen,Peter Hunn Pdf

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.

Author : Sara Palermo,Massimo Bartoli,Raluca Dumache
Publisher : BoD – Books on Demand
Page : 228 pages
File Size : 49,7 Mb
Release : 2021-10-20
Category : Medical
ISBN : 9781839627736

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Criminology and Post-Mortem Studies by Sara Palermo,Massimo Bartoli,Raluca Dumache Pdf

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.

Author : Nelson Enonchong
Publisher : OUP Oxford
Page : 0 pages
File Size : 52,7 Mb
Release : 2011-04-07
Category : Law
ISBN : 0199239711

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The Independence Principle of Letters of Credit and Demand Guarantees by Nelson Enonchong Pdf

The Independence Principle of Letters of Credit and Demand Guarantees offers a comprehensive and authoritative analysis of the principle of independence, a fundamental element of Letters of Credit and Demand Guarantees. It explores the parameters of this principle and the increasing exceptions to it.