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Bank Guarantees In International Trade


 
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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. The author's analysis covers the following factors: types of guarantee (tender, performance, maintenance, repayment, retention, judicial); payment mechanisms (first demand, third-party documents, arbitral or court decision); risks and negotiations, drafting and clauses; bank guarantees as a financial service; direct and indirect guarantees; relationship between account party and bank; relationship between instructing bank and issuing bank, counter-guarantee; the call on the guarantee, demand for payment; fraud and restraining orders; and, jurisdiction and applicable law. Bank Guarantees in International Trade offers practitioners in international trade and banking law the most complete analysis in the field. In its wealth of practical detail, it is unlikely to be surpassed.
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Review of Bank Guarantees in International Trade (R Bertrams)

Customer Rating: Average rating of 5/5Average rating of 5/5Average rating of 5/5Average rating of 5/5Average rating of 5/5
This book is a godsend for people working in the highly specialized world of independent bank guarantees and standby letters of credit. It has been endorsed by the International Chamber of Commerce (ICC).

I have not been able to find another book that even comes close in the wealth of information and detail that this treatise gives on the subject of bank guarantees. It also includes the URDG and ISP codes in appendices. The authors knowledge of the subject has incredible breadth and depth and covers everthing from the basics(e.g., legal nature of instrument, types of guarantees)to the very advanced sub-topics(e.g., methods of payments, fraud, etc)

It is a heavy read, written more for as legal practitioners specializing in banking law and solicitors. It is essentially a juridical treatise of bank guarantees.

Although it is not written expressly as a "best practices" for bank guarantee administration(i.e., trade finance banking or corporate treasury),there is much practical information that could be useful to treasury and commercial bank managers.

I definitely recommend a thorough read of this book if you are in need of information on the subject.

Billy Potsos, c.p.a.
Senior Manager,Bank Guarantees Department
Bombardier Treasury Europe
Zurich, Switzerland



Product Details Binding: Hardcover
Dewey Decimal Number: 346.074
EAN: 9789041122438
ISBN: 9041122435
Label: Kluwer Law International
Manufacturer: Kluwer Law International
Number Of Items: 1
Number Of Pages: 562
Publication Date: 2004-09-20
Publisher: Kluwer Law International
Studio: Kluwer Law International

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