Research Catalog

Title

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 / by Roeland Bertrams.

Author

Bertrams, R. I. V. F. (Roeland I. V. F.)

Publication

Paris ; New York : ICC Pub. ; The Hague : Kluwer Law International ; Frederick, MD : Sold and distributed in North, Central and South America by Aspen Publishers, c2004.

Items in the Library & Off-site

Holdings

Details

Description

xxviii, 562 p. : ill.; 25 cm.

Summary

"Bank Guarantees in International Trade is a comprehensive study of the legal and practical aspects and implications of independent (first demand) guarantees and standby letters of credit. It serves to broaden the understanding of the law on the subject of bank guarantees, while placing marked emphasis upon the practical issues which can arise in the daily functioning of these legal instruments." "Bertrams uses case law and legal writing from five European countries - The Netherlands, Germany, France, Belgium, and England - to build an analysis of how the practical applications of bank guarantees has established a pattern of law. He also takes into account U.S. writing and case law on the subject, as well as relevant cases from Switzerland, Italy, and Austria. Written from a transnational perspective, Bank Guarantees in International Trade can be used in both Civil Law and Common Law jurisdictions."--Jacket.

Subject

• Banking law
• Letters of credit
• Suretyship and guaranty

Bibliography (note)

• Includes bibliographical references (p. [537]-548) and index.

Processing Action (note)

• committed to retain

Contents

Introduction -- Overview -- 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 account party -- First instructing bank -- Second issuing bank. Introduction and structure -- Relationship account party -- Bank. Direct guarantee -- Relationship account party -- 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 U.K. freezing (Mareva) injunction -- Jurisdiction and applicable law -- Bank guarantees and construction contracts.

ISBN

9041122435

Owning Institutions

Harvard Library