The Independence Principle of Letters of Credit and Demand Guarantees PDF Download

Author: Nelson Enonchong
Publisher: OUP Oxford
ISBN: 9780199239719
Category : Law
Languages : en
Pages : 0

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Book Description
The Independence Principle of Letters of Credit and Demand Guarantees offers a comprehensive and authoritative analysis of the principle of independence, a fundamental element of Letters of Credit and Demand Guarantees. It explores the parameters of this principle and the increasing exceptions to it.

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: 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: Michael Gudger
Publisher: Food & Agriculture Org.
ISBN: 9789251041734
Category : Political Science
Languages : en
Pages : 154

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Book Description
The problem of collateral is a daily issue for lenders and causes much debate in the development finance community. Given the difficulties experienced in arranging traditional forms of loan security, such as land or chattel mortgages, various collateral substitutes have been proposed. Among the substitutes for traditional collateral is the loan guarantee. Guarantee systems for loans have been proposed, planned and implemented in various countries. The assumption made by proponents of such a service is that the guarantee organization is either better informed about the risk of the loan than the lender or it is better structured financially to be able to manage the risk. Despite the apparent attractiveness of a loan guarantee, the empirical evidence available gives little encouragement. Nevertheless, interest in guarantees continues.

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

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Author:
Publisher: Lulu.com
ISBN: 9291316695
Category : Bank capital
Languages : en
Pages : 294

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Author: American Bar Association. House of Delegates
Publisher: American Bar Association
ISBN: 9781590318737
Category : Law
Languages : en
Pages : 216

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Book Description
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

Author: Stephen A. Jones
Publisher: Springer
ISBN: 331995735X
Category : Business & Economics
Languages : en
Pages : 546

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Book Description
Trade and Receivable Finance provides the definitive practical guide to the evaluation and mitigation of risk and the financing of international trade. This authoritative manual is built upon more than 42 years of experience in the trade and receivables finance market and carries the endorsement of The London Institute of Banking and Finance. The contents are comprehensive incorporating clause examples, specimen documents, financier checklists and diagrams. The traditional method of commercial lending assessment places primary importance on the ability of the borrower to repay the financier. However, this form of evaluation often results in insufficient credit appetite to release the required level of financial support for a company involved in cross border trade. When a trade-related proposition is properly evaluated so that the transactional risks are fully understood and mitigated to an acceptable level, and the source of repayment is identifiable and considered reliable, a well-structured trade and receivables finance facility reduces the risk of default when compared to conventional lending products and can generate additional credit appetite. This book will become a constant ‘go-to’ companion for transaction banking teams, bank relationship managers, specialist client-facing trade and invoice finance specialists, middle and back office trade advisory personnel, credit analysts, alternative market financiers, export development agencies and credit insurers. The techniques described in this book are applied to an extensive range of international trade scenarios inThe Trade and Receivables Finance Companion: A Collection of Case Studies and Solutions (Palgrave, 2020).

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.

Author: Matthias Herdegen
Publisher: Oxford University Press
ISBN: 0198897839
Category : Business & Economics
Languages : en
Pages : 657

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Book Description
Herdegen's Principles of International Economic Law has established itself as a leading textbook in the field. This fully updated third edition covers areas of growing relevance in international economic law, including corporate social responsibility, challenges for WTO law, the impact of human rights and environmental law, and cryptocurrencies.