The Law and Practice of Documentary Letters of Credit PDF Download
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Author: Peter Ellinger
Publisher: Hart Publishing
ISBN: 9781841136738
Category : Law
Languages : en
Pages : 0
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Book Description
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: Peter Ellinger
Publisher: Hart Publishing
ISBN: 9781841136738
Category : Law
Languages : en
Pages : 0
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Book Description
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: Xiang Gao
Publisher: Kluwer Law International B.V.
ISBN: 9041198989
Category : Law
Languages : en
Pages : 222
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Book Description
"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: Institute of International Banking Law & Practice
Publisher:
ISBN: 9781888870572
Category : Banking law
Languages : en
Pages : 285
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Book Description
All the rules and laws that today's Letter of Credit & Guarantee specialist needs are here under one book cover: UCP600; ISBP (2007); ISP98; URDG 758; URC 522; URR 725; US Rev. UCC Article 5; Chinese LC Rules; UN LC Convention; and much more. Preceding each item, an overview provides brief background on the history and significance of each set of rules or laws.
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:
Publisher: ICC Publications
ISBN:
Category : Business & Economics
Languages : en
Pages : 114
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Book Description
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.
Author: Paul Todd
Publisher: Taylor & Francis
ISBN: 1135135819
Category : Law
Languages : en
Pages : 566
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Book Description
Bills of Lading and Bankers’ Documentary Credits provides a straightforward guide to the nuances and complexities of deals conducted under the documentary credit system. The book describes in detail the law applicable to and the practical workings of bankers' documentary credits as they are used in international sales and carriage of goods contracts in a way that is accessible to both lawyers and to businessmen who have to use these contracts on a day-to-day basis. In its fourth edition, Bills of Lading and Bankers’ Documentary Credits has been completely updated to take account of recent case law and developments including the UCP 600 as well as progress in electronic and other documentation since the last edition.
Author: Christopher Hare
Publisher: Oxford University Press
ISBN: 0192596675
Category : Law
Languages : en
Pages : 384
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Book Description
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: Charles Chatterjee
Publisher: Routledge
ISBN: 1317481437
Category : Law
Languages : en
Pages : 225
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Book Description
Trade finance is of great importance in the commercial world, for both students (undergraduate and postgraduate) and practitioners. The choice of countries in export trade is often perception-based: trade with government departments or public institutions is seen as much safer than with private entities and the choice of countries is often based on that perception of risk. This book: addresses issues and topics which are relevant to all jurisdictions in the world explains the various types of trade finance, how they may be raised and the legal issues pertaining to them Value for those wanting to understand the legal issues of sources of trade finance in both the developed and developing countries, this book will interest students studying the interaction between law and commerce.
Author: Deborah Horowitz
Publisher: Oxford University Press
ISBN: 0199588538
Category : Business & Economics
Languages : en
Pages : 273
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Book Description
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: Nisha S Koshal
Publisher: Notion Press
ISBN: 1946822086
Category : Business & Economics
Languages : en
Pages : 214
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Book Description
The book elucidates the importance of a letter of credit in matters of trade finance. A letter of credit is an instrument that is used worldwide to facilitate the flow of trade finance. This book is ideal for beginners who are interested in the subject but do not possess a clear understanding of the basics of the letter of credit or adequate technical knowledge. It may also benefit bankers and students of international trade finance. It will help them build a strong foundation to help understand how to tackle difficult day to day transactions. The book explains the UCP 600 guidelines that govern letters of credit and the roles of the issuing bank, beneficiary, advising bank, nominated bank, confirming bank, applicant and so on. This book is not exhaustive as letter of credit is a vast subject and every single transaction carried out is unique. The book has been written keeping in mind the difficulties I faced while working at a bank and the experiences I have gained thus far, on my journey as a trade finance professional.
