The Law of Letters of Credit and Bank Guarantees

Filename: the-law-of-letters-of-credit-and-bank-guarantees.pdf
ISBN: 1862872201
Release Date: 2003-01
Number of pages: 312
Author: Agasha Mugasha
Publisher: Federation Press

Download and read online The Law of Letters of Credit and Bank Guarantees in PDF and EPUB The aim of this book is to present the Australian law of letters of credit and bank guarantees. It inexorably presents overseas literature as well because the subject is by nature international and comparative, and Australian courts readily cite overseas literature, particularly from the United States, England and Canada. Hence the book focuses on the available Australian literature and utilizes some limited overseas authorities which make Australian law whole and the book more understandable. - From the Preface


Letters of Credit and Bank Guarantees Under International Trade Law

Filename: letters-of-credit-and-bank-guarantees-under-international-trade-law.pdf
ISBN: 0195323165
Release Date: 2008
Number of pages: 501
Author: Matti Kurkela
Publisher: Oxford University Press, USA

Download and read online Letters of Credit and Bank Guarantees Under International Trade Law in PDF and EPUB Rev. ed. of : Letters of credit under international trade law. c1985.


Bank Guarantees in International Trade

Filename: bank-guarantees-in-international-trade.pdf
ISBN: 9789041122438
Release Date: 2004-01-01
Number of pages: 562
Author: Roeland I. V. F. Bertrams
Publisher: Kluwer Law International

Download and read online Bank Guarantees in International Trade in PDF and EPUB 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.


Bank Guarantees in International Trade

Filename: bank-guarantees-in-international-trade.pdf
ISBN: 9041122575
Release Date: 2013
Number of pages: 612
Author: Roeland F. Bertrams
Publisher:

Download and read online Bank Guarantees in International Trade in PDF and EPUB 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."


The law of letters of credit

Filename: the-law-of-letters-of-credit.pdf
ISBN: STANFORD:36105043516009
Release Date: 1991
Number of pages: 616
Author: John F. Dolan
Publisher: Warren Gorham & Lamont

Download and read online The law of letters of credit in PDF and EPUB 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.


Law of Multi Bank Financing

Filename: law-of-multi-bank-financing.pdf
ISBN: 9780773566668
Release Date: 1998-01-15
Number of pages: 552
Author: Agasha Mugasha
Publisher: McGill-Queen's Press - MQUP

Download and read online Law of Multi Bank Financing in PDF and EPUB The book includes chapters on what multi-bank financing is and who does it, relevant areas of law (including contract, torts, insolvency, tax, and statutes, such as the Bank Act), the mechanics of arranging loan syndications and loan participations, financial accommodation used (direct loans, bank guarantees, letters of credit, and bankers' acceptances), legal relations between parties in loan syndications and loan participations, rights and duties of the agent bank, securities regulation issues in loan syndications and loan participations, and accounting and tax issues in loan syndications and loan participations. Agasha Mugasha argues that loan syndications, loan participations, and related practices are commercial transactions between sophisticated parties and should be analysed and regulated as such. Sample documents for syndicated facility agreements, participation agreements, sale and participation agreements, and standby letters of credit are provided in appendices. Based on law in Canada, particularly Ontario, The Law of Multi-bank Financing includes discussions of a significant body of United States jurisprudence as well as the most important court decisions in other common-law countries.



The Law and Practice of Documentary Letters of Credit

Filename: the-law-and-practice-of-documentary-letters-of-credit.pdf
ISBN: 1841136735
Release Date: 2010-01
Number of pages: 429
Author: Peter Ellinger
Publisher: Hart Pub Limited

Download and read online The Law and Practice of Documentary Letters of Credit in PDF and EPUB 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.


The Edinburgh law review

Filename: the-edinburgh-law-review.pdf
ISBN: UCAL:B5145392
Release Date: 2003
Number of pages:
Author:
Publisher:

Download and read online The Edinburgh law review in PDF and EPUB


Law of Guarantees

Filename: law-of-guarantees.pdf
ISBN: 9780414044715
Release Date: 2011
Number of pages: 828
Author: Geraldine Mary Andrews
Publisher: Sweet & Maxwell

Download and read online Law of Guarantees in PDF and EPUB The book provides the commercial lawyer with a detailed analysis of the various statutory and contractual requirements relating to the law of guarantees. It also examines the guarantor's liability and right against both creditors and debtors. A thorough knowledge of the law and practice surrounding guarantees is essential for lawyers in all areas of commercial law, given the complex borrowing and finance requirements of modern industry and institutions. This is the 6th edition of the highly successful book on Guarantees by Geraldine Andrews QC and Richard Millett QC. The book is considered the pre-eminent treatise on the subject of guarantees in the UK.



FIDIC A Guide for Practitioners

Filename: fidic-a-guide-for-practitioners.pdf
ISBN: 364202100X
Release Date: 2009-11-11
Number of pages: 446
Author: Axel-Volkmar Jaeger
Publisher: Springer Science & Business Media

Download and read online FIDIC A Guide for Practitioners in PDF and EPUB In 1999, a suite of three new conditions of contract was published by FIDIC, following the basic structure and wording harmonised and updated around the previous FIDIC Design-Build and Turnkey Contract (the 1992 ‘‘Orange Book’’). These conditions, known as the ‘‘FIDIC rainbow, were the Conditions of C- tract for: l Construction, the so-called Red Book, for works designed by the Employer l Plant and Design-Build, the so-called Yellow Book, for works designed by the Contractor l EPC/Turnkey Projects, the so-called Silver Book, for works designed by the Contractor The ?rst is intended for construction works where the Employer is responsible for the design, as for per the previous so-called Red Book 4th Edition (1987), with an important role for the Engineer. The other two conditions of contract are intended for situations when the Contractor is responsible for the design. The Plant and Design-Build Contract has the traditional Engineer while the EPC/Turnkey Contract has a two-party arran- ment, generally with an Employer’s Representative as one of the parties.


International Loans Bonds Guarantees Legal Opinions

Filename: international-loans-bonds-guarantees-legal-opinions.pdf
ISBN: 9781847032089
Release Date: 2007
Number of pages: 487
Author: Philip R. Wood
Publisher: Sweet & Maxwell

Download and read online International Loans Bonds Guarantees Legal Opinions in PDF and EPUB This title covers the essentials of international lending, bonds issues and guarantees from a practical perspective, providing clear guidance on how legal principles are applied in financial deals, including detailed commentary on the main documents required to carry out key transactions.



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

Filename: the-fraud-rule-in-the-law-of-letters-of-credit-a-comparative-study.pdf
ISBN: 9789041198983
Release Date: 2002
Number of pages: 203
Author: Xiang Gao
Publisher: Kluwer Law International

Download and read online The Fraud Rule in the Law of Letters of Credit A Comparative Study in PDF and EPUB "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.