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 / Roeland F. Bertrams.
Includes bibliographical references (pages 587-599) and index.
Contents:
Overview -- Overview -- Bank guarantees and construction contracts. 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.
This resource is supported by the Institute of Museum and Library Services under the provisions of the Library Services and Technology Act as administered by State Library of Iowa.