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 /
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Main Authors: | |
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Published: |
Kluwer Law International ;
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Publisher Address: | The Hague, The Netherlands : |
Publication Dates: | [2013] |
Literature type: | Book |
Language: | English |
Edition: | Fourth revised edition. |
Series: |
ICC publication ; no 975E |
Subjects: | |
Carrier Form: | xxxiii, 612 pages : illustrations ; 25 cm. |
Bibliography: | Includes bibliographical references (pages 587-599) and index. |
ISBN: |
9789041122575 (hardback) : 9041122575 (hardback) 9789284201853 9284201853 |
Index Number: | K1098 |
CLC: | F831.2 |
Call Number: | F831.2/B548/4th rev.ed. |
Contents: |
Types of guarantee -- Conditions of payment (payment mechanism) -- Legal nature -- Parties to the underlying relationship -- Role and position of the bank -- Drafting and clauses -- Relationship between applicant, first instructing bank, second issuing bank : introduction and structure -- Relationship between applicant and bank : direct guarantee -- Relationship applicant, first instructing bank, second issuing bank. Indirect guarantee. Counter-guarantee -- Other aspects of the bank guarantee -- The demand for payment -- The concept of fraud -- Fraud and the position of the bank : bank's liability in 'after-payment' cases -- Fraud and restraining orders -- Conservatory attachment and the UK freezing (Mareva) injunction -- Jurisdiction, applicable law and recognition of foreign judgments -- Bank guarantees and construction contracts. |