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

The Fraud Rule in the Law of Letters of Credit:A Comparative Study PDF Author: Xiang Gao
Publisher: Kluwer Law International B.V.
ISBN: 9041198989
Category : Law
Languages : en
Pages : 222

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.

International Trade Finance

International Trade Finance PDF Author: Tarsem Bhogal
Publisher: Springer Nature
ISBN: 3030245403
Category : Business & Economics
Languages : en
Pages : 371

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.

Research Handbook on International Commercial Contracts

Research Handbook on International Commercial Contracts PDF Author: Andrew Hutchison
Publisher: Edward Elgar Publishing
ISBN: 178897106X
Category : Law
Languages : en
Pages : 368

Book Description
This comprehensive Research Handbook examines the continuum between private ordering and state regulation in the lex mercatoria, highlighting constancy and change in this dynamic and evolving system in order to offer an in-depth discussion of international commercial contract law. International scholars from a range of jurisdictions and legal cultures across Africa, North America and Europe, dissect a plethora of contract types, including sale, insurance, shipping, credit, negotiable instruments and agency against the backdrop of key legal regimes commonly chosen in international agreements.

Standby and Commercial Letters of Credit

Standby and Commercial Letters of Credit PDF Author: Brooke Wunnicke
Publisher: Wolters Kluwer
ISBN: 0735517339
Category : Business & Economics
Languages : en
Pages : 1690

Book Description
Standby and Commercial Letters of Credit, Third Edition alerts you to current developments and discusses the recent UCP600, former UCP500, ISP98, UCC Article 5, and current trade practices and problems. The authors review letter of credit law and practices, helping to resolve concerns of applicants, beneficiaries, and issuers. This essential resource includes: Sample forms and clauses, procedures and checklists Current court cases and extensive Table of Cases What can happen to letters of credit in bankruptcy and insolvency proceedings Fraud and injunction nightmares Cross-reference table UCP600 and UCP500 Strategies for bank reimbursement agreements Standby and Commercial Letters of Credit, Third Edition gives you immediate guidance when you need it most. And it supplies real-world letters of credit situations, with analyses of what was done right and wrong.

The Trade and Receivables Finance Companion

The Trade and Receivables Finance Companion PDF Author: Stephen A. Jones
Publisher: Springer Nature
ISBN: 303025139X
Category : Business & Economics
Languages : en
Pages : 448

Book Description
The Trade and Receivables Finance Companion: A Collection of Case Studies and Solutions is based on the author’s personal experience gained through more than 40 years in the field of trade finance. This Companion applies the techniques described in his first volume, Trade and Receivables Finance: A Practical Guide to Risk Evaluation and Structuring to an extensive range of international trade scenarios. Practical solutions are discussed and presented through a specially selected collection of more than 20 case studies. These books provide an unrivalled and highly practical set of manuals for the trade and receivables financier. The reader is taken on a journey from the structuring of trade products including collections, import and export letters of credit, back to back credits, guarantees and standby credits to fully and partially structured financing solutions for the importer, manufacturer, distributor, middle-party and exporter. Each funding technique provides a compelling alternative to an overdraft. The case studies include the risk assessment and financing of open account payables, stock and receivables transactions and the evaluation and use of credit insurance as a supporting tool. The structuring of commodity finance across the trade cycle, to include warehousing, and call-off is also described. Many of the chapters contain a summary ‘keynote’ overview and comprehensive ‘deal sheet’ extracts of the chosen solution detailing facility and operational requirements.

Emerging Market Bank Lending and Credit Risk Control

Emerging Market Bank Lending and Credit Risk Control PDF Author: Leonard Onyiriuba
Publisher: Academic Press
ISBN: 0128034475
Category : Law
Languages : en
Pages : 739

Book Description
Using a framework of volatile markets Emerging Market Bank Lending and Credit Risk Control covers the theoretical and practical foundations of contemporary credit risk with implications for bank management. Drawing a direct connection between risk and its effects on credit analysis and decisions, the book discusses how credit risk should be correctly anticipated and its impact mitigated within framework of sound credit culture and process in line with the Basel Accords. This is the only practical book that specifically guides bankers through the analysis and management of the peculiar credit risks of counterparties in emerging economies. Each chapter features a one-page overview that introduces its subject and its outcomes. Chapters include summaries, review questions, references, and endnotes. - Emphasizes bank credit risk issues peculiar to emerging economies - Explains how to attain asset and portfolio quality through efficient lending and credit risk management in high risk-prone emerging economies - Presents a simple structure, devoid of complex models, for creating, assessing and managing credit and portfolio risks in emerging economies - Provides credit risk impact mitigation strategies in line with the Basel Accords

Law of Pledges, Guarantees, and Letters of Credit

Law of Pledges, Guarantees, and Letters of Credit PDF Author: Chu Chai Poh
Publisher:
ISBN: 9789812363220
Category : Banking law
Languages : en
Pages : 1238

Book Description
This new work traces all the significant development in the law of pledges, guarantees and letters of credit since the completion of the previous edition in August 1998 which includes the newly developed principle of unconscionability. Developments of the law is presented first with a detailed overview of the law to date followed by in-depth study of the principles governing the area. Like the previous edition, the author has once again adopted a clear and precise approach when commenting on the principles that have enunciated from these cases. Extracts of judgements are included to provide a more accurate understanding of the legal principles in the law of pledges, guarantees and letters of credit. It serves as an authoritative text and tool for all in the field of banking.

International Standby Practices

International Standby Practices PDF Author: International Chamber of Commerce
Publisher: ICC Publishing
ISBN:
Category : Business & Economics
Languages : en
Pages : 94

Book Description


Letters of Credit and Demand Guarantees: Defences to Payment

Letters of Credit and Demand Guarantees: Defences to Payment PDF Author: Deborah Horowitz
Publisher: Oxford University Press
ISBN: 0199588538
Category : Business & Economics
Languages : en
Pages : 273

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.

Bank Credits and Acceptances

Bank Credits and Acceptances PDF Author: Henry Harfield
Publisher:
ISBN:
Category : Business & Economics
Languages : en
Pages : 398

Book Description