Independent Guarantees & PRC Law
The People’s Republic of China Independent Guarantee Provisions entered into force on 1 December 2016 and have the practical effect of law. As use of independent guarantees for supporting international trade, investment and project contracting has steadily increased in the PRC in recent years, so too have Chinese enterprises faced guarantee demand disputes with greater frequency. In an in-depth study, Saibo Jin and associates analyze the risks of fraudulent callings and abusive demands under guarantees and counter-guarantees and the legal remedies available. In referencing several cases and referring to applicable PRC Independent Guarantee Provisions, Jin and his coauthors examine the approaches taken by Chinese courts towards issuance of temporary and permanent injunction orders.
You'll find this inside look into Chinese guarantee law & practice in the current issue of Documentary Credit World.
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In This Issue
UPDATES
India Abruptly Imposes Wheat Export Ban
ICC Draft Opinion for July Meeting Released
Impact of Singapore’s Code of Best Practices Varied
STI Orchard Case Tied to Hin Leong Debacle Merits Further Investigation
Greek Bank Denied Insurance Claim on Ship Detained by Venezuela
Report: Russia Seeks Reversion to Paper LCs with India
UK Steps Up Digitialisation of Trade Effort
GSBN Announces B/L Data Enhancements
International roundup: news snippets from Bangladesh, Indonesia, Ireland, Malaysia, Nepal, Nigeria, and Pakistan
ARTICLES
“Analysis of Lessons Learnt from Natixis V. BNP from a Different Perspective”
by Chin Aik Soh
“Motivations and Rationale for Variation of Incoterms Rules"
by Ravi Kumar Jinugu
In the Courts
UniCredit Bank A.G. v. Euronav N.V. (England)
Topics:
Bill of Lading Breach of Contract
Commodities Financing
Charter Party Contract
Holder
Improper Discharge
Indorsement Novation
Ship-to-Ship Transfers (STS)
Solferini v. Corradi USA, Inc. (USA)
Topics:
Attorneys’ Fees
Insolvency Standby LC
SubrogationUS UCC Rev. Sec. 5-111(e)
US UCC Rev. Sec. 5-117
Reader Reactions
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