Standby Letters of Credit in International Trade (International Banking & Finance Law Series) (International Banking and Finance Law)

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9789041145604: Standby Letters of Credit in International Trade (International Banking & Finance Law Series) (International Banking and Finance Law)

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.

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Book Description Kluwer Law International. Hardcover. Book Condition: New. 9041145605 BRAND NEW W/FAST SHIPPING! This item is: Standby Letters of Credit in International Trade, by Ramandeep Chhina, in a Casebound format. ISBN: 9041145605. Our 98%+ rating proves our commitment! We cannot ship to PO Boxes/APO address. To avoid ordering the wrong item, please check your item's ISBN number!. Bookseller Inventory # A9789041145604

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Book Description Kluwer Law International, Netherlands, 2012. Hardback. Book Condition: New. New.. Language: English . Brand New Book ***** Print on Demand *****. 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. Bookseller Inventory # APC9789041145604

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Book Description Kluwer Law International, Netherlands, 2012. Hardback. Book Condition: New. New.. Language: English . Brand New Book ***** Print on Demand *****.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. Bookseller Inventory # APC9789041145604

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Book Description Kluwer Law International. Hardcover. Book Condition: New. Hardcover. 256 pages. Dimensions: 9.8in. x 6.3in. x 0.7in.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 jurisdictions 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 statutorybroader notion of unconscionability. The presentation includes detailed summaries and analyses of leading cases in all four jurisdictions. This item ships from multiple locations. Your book may arrive from Roseburg,OR, La Vergne,TN. Hardcover. Bookseller Inventory # 9789041145604

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