Bank guarantees in international trade : the law and practice of independent (first demand) guarantees and standby letters of credit in civil law and common law jurisdictions
Author(s)
Bibliographic Information
Bank guarantees in international trade : the law and practice of independent (first demand) guarantees and standby letters of credit in civil law and common law jurisdictions
(ICC publication, no. 547)
ICC , Kluwer Law International, c1996
2nd rev. ed
- : Kluwer
- : ICC
Available at 13 libraries
  Aomori
  Iwate
  Miyagi
  Akita
  Yamagata
  Fukushima
  Ibaraki
  Tochigi
  Gunma
  Saitama
  Chiba
  Tokyo
  Kanagawa
  Niigata
  Toyama
  Ishikawa
  Fukui
  Yamanashi
  Nagano
  Gifu
  Shizuoka
  Aichi
  Mie
  Shiga
  Kyoto
  Osaka
  Hyogo
  Nara
  Wakayama
  Tottori
  Shimane
  Okayama
  Hiroshima
  Yamaguchi
  Tokushima
  Kagawa
  Ehime
  Kochi
  Fukuoka
  Saga
  Nagasaki
  Kumamoto
  Oita
  Miyazaki
  Kagoshima
  Okinawa
  Korea
  China
  Thailand
  United Kingdom
  Germany
  Switzerland
  France
  Belgium
  Netherlands
  Sweden
  Norway
  United States of America
Note
Previous ed.: Deventer : Kluwer Law and Taxation, c1990
Includes bibliographies (p. 407-413) and index
Description and Table of Contents
Description
Providing a study of the legal and practical aspects and implications of independent (first demand) guarantees and standby letters of credit, this work serves to broaden the understanding of the law on the subject of bank guarantees, whilst placing marked emphasis upon the practical implications and issues which can arise in the daily functioning of these legal instruments. The book comprises all reported case law from the Netherlands, Germany, France, the United Kingdom and Belgium. Also taken into account is the law in certain other European countries and the United States. Written from a transnational perspective, the book provides valuable insight into the governing law of bank guarantees in numerous regions, particularly within the Middle East and North Africa. The appendix includes, among other materials, the text of the 1992 ICC Uniform Rules for Demand Guarantees, the 1995 Uncitral Convention and many sample texts.
Table of Contents
1. Introduction. 2. Overview. 3. Types of Guarantee. 4. Conditions of Payment (Payment Mechanism) 5. Legal Nature. 6. Parties to the Underlying Relationship. 7. Role and Position of the Bank. 8. Drafting and Clauses. 9. Relationship Account Party - First Instructing Bank - Second Issuing Bank. Introduction and Structure. 10.Relationship Account Party-Bank. Direct Guarantee. 11. Relationship Account Party - First Instructing Bank - Second Issuing Bank. Indirect Guarantee. Counter-Guarantee. 12. Other Aspects of the Bank Guarantee. 13. The Demand for Payment. 14. The Concept of Fraud. 15. Fraud and the Position of the Bank. Bank's Liability in "After-Payment" Cases. 16. Fraud and Restraining Orders. 17. Conservatory Attachment and Mareva Injunctions. 18. Jurisdiction and Applicable Law. 19. Bank Guarantees and Construction Contracts. 20. Supporting Facilities by Export Credit Insurance Companies.
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