Payment of the Price in International Sales Transactions by Means of Letters of Credit and International Bank-guarantees and the Possibility of Enjoining Payment PDF Download

Author: Sabine Kilgus
Publisher:
ISBN: 9783258051086
Category : Banks and banking, International
Languages : en
Pages : 81

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Book Description

Author: Ramandeep Kaur Chhina
Publisher: Kluwer Law International B.V.
ISBN: 9041146245
Category : Law
Languages : en
Pages : 256

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Book Description
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: Edward G. Hinkelman
Publisher: World Trade Press
ISBN: 9781885073648
Category : Business & Economics
Languages : en
Pages : 196

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Book Description
A Short Course in International Payments describes how to use letters of credit and documentary collections, how to grant and obtain credit, and how to use cyberpayments in international trade. The book also has an excellent section on trade documentation.

Author:
Publisher:
ISBN:
Category : English imprints
Languages : en
Pages : 1140

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Book Description

Author: Christoph Strupp
Publisher:
ISBN:
Category : Authors, German
Languages : en
Pages : 1652

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Book Description
A comprehensive bibliography of books and scholarship on the United States produced in German-speaking countries from 1956-2005.

Author: Henry Harfield
Publisher:
ISBN:
Category : Business & Economics
Languages : en
Pages : 398

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Book Description

Author: Ralph Haughwout Folsom
Publisher: West Publishing Company
ISBN:
Category : Business & Economics
Languages : en
Pages : 1324

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Book Description

Author: World Bank
Publisher: World Bank Publications
ISBN: 1464814414
Category : Business & Economics
Languages : en
Pages : 241

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Book Description
Seventeen in a series of annual reports comparing business regulation in 190 economies, Doing Business 2020 measures aspects of regulation affecting 10 areas of everyday business activity.

Author:
Publisher:
ISBN:
Category : Commerce
Languages : en
Pages : 1064

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Book Description

Author: Mr.Mumtaz Hussain
Publisher: International Monetary Fund
ISBN: 1513565621
Category : Business & Economics
Languages : en
Pages : 35

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Book Description
Islamic finance has started to grow in international finance across the globe, with some concentration in few countries. Nearly 20 percent annual growth of Islamic finance in recent years seems to point to its resilience and broad appeal, partly owing to principles that govern Islamic financial activities, including equity, participation, and ownership. In theory, Islamic finance is resilient to shocks because of its emphasis on risk sharing, limits on excessive risk taking, and strong link to real activities. Empirical evidence on the stability of Islamic banks, however, is so far mixed. While these banks face similar risks as conventional banks do, they are also exposed to idiosyncratic risks, necessitating a tailoring of current risk management practices. The macroeconomic policy implications of the rapid expansion of Islamic finance are far reaching and need careful considerations.