DCW Monthly: February 2025

DCW Monthly: February 2025

This month, we're spotlighting the challenges and hard-earned lessons emerging from LC disputes and sanctions enforcement crackdowns.

Carter Klein unpacks 2023’s most telling LC cases, where the law meets the unexpected. Dave Meynell advocates for simplicity in documentary credits and shares practical tips on how to achieve it. Alan Davidson clears the fog around electronic signatures, explaining the differences between electronic, digital, and digitized signatures. Robert Parson revisits hard cases from commodity defaults that left their mark on the LC landscape.

Plus, discover key takeaways from recent webinars on sanctions, fraud, and AML trends—because what’s happening in the courts today may hit your desk tomorrow.


Articles


Letters of Credit

Continuing an annual survey authored by top legal experts since 1992, Carter Klein examines the most significant letter of credit issues emerging from cases decided in 2023. See how recent cases are shaping the industry.

-Carter Klein

Simple Documentary Credit Format

In the fourth instalment of his DCW article series on major issues surrounding potential revision of UCP, ICC Banking Commission Senior Technical Advisor Dave Meynell reinforces the case for simple documentary credits and offers tips on how to construct them.

-Dave Meynell

Addressing Misconceptions of Electronic Signatures

Breaking down common misconceptions about electronic signatures, clarifying key differences between electronic, digital, and digitized signatures. From the legal weight of a typed name to the security of public key infrastructure, Dr. Alan Davidson explores how signatures bind agreements in trade finance.

-Alan Davidson

Hard Cases – Taking Stock of How Trader Defaults and Geopolitical Events Shaped LC Court Decisions

Following his analysis in the January 2025 edition of DCW, Robert Parson continues his look at high profile cases by revisiting decisions surfacing from Singapore commodity defaults of recent years.

-Robert Parson


Updates


Webinar Brief: Insights in Minutes


A Review of Sanctions & Fraud Cases

In a 28 January webinar, the Association of Trade Finance Compliance Professionals and IIBLP analyzed key court cases on sanctions, fraud, and trade finance compliance—highlighting lessons on KYC failures, escalation protocols, circular trades, and the fraud exception in LC disputes. Featured cases included Celestial Aviation, BCP v. China Aviation Oil, Winson Oil v. OCBC, and major frauds like Balli Steel and British Seafood.

In a January 23 webinar, Arnold & Porter experts examined 2025 AML and sanctions enforcement trends, highlighting stricter compliance expectations under the new Trump administration. Topics included the growing impact of export controls on financial institutions, OFAC’s extended statute of limitations, and enforcement actions against EFG International, State Street Bank, and TD Bank. Speakers also covered the SEC’s crackdown on SAR filing failures and the UK’s expanded use of Unexplained Wealth Orders to combat financial crime.


Litigation Digest

CTBC Bank Co. v. Industrial Commercial Bank of China Ltd. [2024]


Here a dispute over a UCP600 letter of credit for a green petroleum coke shipment led to a forum battle between Hong Kong and the PRC. With parallel fraud proceedings unfolding in the PRC and accusations of bad faith at play, the Hong Kong court was asked to determine whether the case belonged elsewhere. The outcome offers key insights on forum non conveniens and the limits of parallel proceedings in cross-border LC disputes.


LC Scam Survey

-Bangladesh Police Allege LCs Used in Massive Money Laundering Effort

-NASSA Group, Exim Bank Head Implicated in USD 1.5 Billion TBML Scheme


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