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 PDF Download
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Author: Roeland I. V. F. Bertrams
Publisher: Springer
ISBN:
Category : Business & Economics
Languages : en
Pages : 460
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Book Description
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: Roeland I. V. F. Bertrams
Publisher: Springer
ISBN:
Category : Business & Economics
Languages : en
Pages : 460
Get Book Here
Book Description
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: Matti Kurkela
Publisher:
ISBN: 9780195323160
Category : Law
Languages : en
Pages : 0
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Book Description
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: Tarsem Bhogal
Publisher: Springer Nature
ISBN: 3030245403
Category : Business & Economics
Languages : en
Pages : 371
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Book Description
The 21st century has witnessed swift change in every sphere of the human endeavour. Regulatory re-alignment, digitalisation and economic and political developments have contributed to paradigm shift in banking, trade, finance and the shipping industry virtually transforming the landscape. International Trade Finance is an essential tool for bankers, exporters/importers, shippers, consultants, teachers and students navigating the procedures of international trade finance. The book addresses basic topics relating to international trade including letters of credit mechanism, collections of bills, trade customs and practice. New to this revised edition, it covers SWIFT updates, supply chain system, UKEF, Blockchain technologies, the implications of BREXIT, NAFTA, Mexico, Canada and other bilateral agreements and their implications, the US sanctions, terrorist financing and anti-money laundering provisions, and a check list to control financial crime risks in trade finance. The extended metaphor of the book is that of an arm chair tour covering fundamentals to the nuances of the hard core of the subject matter and enabling the readers to deal with complicated implementation issues in a forthright and comprehensive fashion.
Author: Richard E. Baldwin
Publisher: CEPR
ISBN: 1907142061
Category : Commercial policy
Languages : en
Pages : 246
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Book Description
Author: Harry M. Venedikian
Publisher: Wiley
ISBN: 9780471352600
Category : Business & Economics
Languages : en
Pages : 0
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Book Description
"Current trends toward financial deregulation in the United States and massive increases in the need for trade-related credit and financing worldwide have created export-import markets of unprecedented depth and complexity."-from Global Trade Financing The definitive book in its field for more than twenty-five years, Global Trade Financing (formerly titled Export-Import Financing) provides global traders, U.S. and foreign bankers, and students of global commerce with a complete and in-depth guide to every aspect of global trade financ- ing. Inside, you'll find the latest techniques and vehicles for financing all types of export and import operations at every stage of the process. You'll also discover: * Strategies for transition to the Euro * Hedging techniques including high-yield derivatives * New areas of import-export risk * Recent regulations governing documentary credit * Current financing rules Written by experts in the field, this book begins with an overview of the most important organizations that make contributions to the financing of trade and related services. The authors trace past and present trends in world trade and investment flows while evaluating the impact that these have on financial institutions and vehicles. Detailed descriptions are also provided on the services of commercial banks as well as the key private nonbank institutions that may be of financial assistance to exporters and importers. In Part 2, the steps involved with executing a transaction are spelled out along with the rights and responsibilities of the various parties involved. The general types of sales contracts and their major provisions are discussed with helpful tips to prevent any misunderstanding and conflict between the parties. And to reduce the risk of financial loss, hedging techniques for foreign exchange and ocean marine insurance are thoroughly covered. Specific techniques and vehicles of unsecured and secured lending are introduced in Part 3. This section also shows how to use Eurocurrency to finance international trade and investment. And the authors explain how the various types of letters of credit can be used as financing tools. Clearly written and easy to use, Global Trade Financing contains all the information you'll need to keep pace with the ever-changing nature of international finance. Packed with invaluable information on how transactions are executed, the effects of recent legislation, and new financing techniques, Global Trade Financing (formerly titled Export-Import Financing) is certain to remain the key resource in the field. This book thoroughly covers every aspect of export-import financing including banking deregulation, international bank custody operations, bank involvement in insurance, and changes in the maritime industry. It also features a wide range of topics, from foreign trade definitions, bank guarantees, and risk management, to shipping and collection, and the latest legislation. Written and organized for maximum clarity and accessibility, this comprehensive volume includes: * The roles of commercial banks, private institutions, and governments in export-import financing, and how they interact * How transactions are executed, including the role of foreign exchange and techniques for hedging * The tools, techniques, and vehicles for financing all types of inter-national trade, from letters of credit to bankers' acceptances The definitive guide for keeping pace with the ever-changing nature of international finance
Author: Anders Grath
Publisher: Kogan Page Publishers
ISBN: 0749463988
Category : Business & Economics
Languages : en
Pages : 224
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Book Description
Designed for use by anyone involved in international sales, finance, shipping and administration, The Handbook of International Trade and Finance provides a full explanation of the key areas of international trade - including risk management, international payments and currency management. It is an essential reference source that will help to reduce risks and improve cashflow, identify the most competitive finance alternatives, structure the best payment terms, and minimize finance and transaction costs. Coverage includes: trade risks and risk assessment; methods of payment; currency risk; export credit insurance; trade finance; and terms of payment. Designed for all businesses, regardless of size and business sector, the book also describes the negotiating process from the perspectives of both the buyer and the seller - providing valuable insight into the complete financing process.
Author: Roeland F. Bertrams
Publisher: Kluwer Law International B.V.
ISBN: 9041141308
Category : Law
Languages : en
Pages : 585
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Book Description
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: Yann Aubin
Publisher: Kluwer Law International B.V.
ISBN: 9041141294
Category : Law
Languages : en
Pages : 1024
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Book Description
Familiarity with guarantees and how they function under various national jurisdictions are essential for principals, guarantors, and beneficiaries of international contracts. This enormously useful handbook provides a practical overview of the guarantee regimes in twenty-eight European countries, with country-by-country contributions from regional expert practitioners and academics. For easy comparison, each country report follows the same structure, from preliminary discussion on the provisions of a guarantee to its negotiation, drafting, and enforcement. Focusing on specific issues to consider at every stage, each chapter provides detailed information and guidance on such aspects as the following: . who can issue guarantees; . limitations as to the type of obligations which may be subject to a guarantee; . issues relating to the protection of the contracting parties; . formal requirements which need to be complied with; . stamp duties or other tax payable; . presence of implied terms; . legal framework applicable to joint and several obligations; . modification of the situation; . conditions for release and actions to be taken to ensure a valid release; . opening of bankruptcy proceedings against the principal; . court enforcement; and . incorporation of uniform rules. Each chapter includes references and model guarantee forms that readers can use to draft their own documents. Invaluable to corporate counsel and law firms with an international practice, this peerless handbook will prove the first order of business in trade negotiations across Europe, among European nations themselves as well as with their global partners.
Author: Mr.JaeBin Ahn
Publisher: International Monetary Fund
ISBN: 1463924607
Category : Business & Economics
Languages : en
Pages : 37
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Book Description
This paper provides a theory model of trade finance to explain the "great trade collapse." The model shows that, first, the riskiness of international transactions rises relative to domestic transactions during economic downturns, and second, the exclusive use of a letter of credit in international transactions exacerbates a collapse in trade during a financial crisis. The basic model considers banks' optimal screening decisions in the presence of counterparty default risks. In equilibrium, banks will maintain a higher precision screening test for domestic firms and a lower precision screening test for foreign firms, which constitutes the main mechanism of the model.
Author: Timothy Irwin
Publisher: World Bank Publications
ISBN: 0821368591
Category : Business & Economics
Languages : en
Pages : 230
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Book Description
The book considers when governments should give guarantees to private investors. After describing the history of guarantees, and the challenges the politics and psychology create for good decisions, the book sets out a principles for allocating risk (and therefore guarantees), techniques for valuing guarantees, and rules to encourage good decisions.
