This month, DCW unpacks the legal and practical shifts reshaping trade finance interpretation. Why are ICC Opinions becoming increasingly scarce?
Writing as a trade finance professional with a long background in the business, Dave Meynell offers his personal views on factors contributing to the sharp reduction in ICC Official Opinions issued over the past several years.
With the causation defence being increasingly engaged in misdelivery cases, there is a great deal for banks and shipowners to learn from The “Maersk Katalin” case.
This paper explores vessel risk based upon whether Group Ownership information is known or unknown for each vessel alongside identified compliance behavior.
Amr KAMAL explores integrating ICC's URDG758 into Egypt's commercial law for demand guarantees, emphasizing the advanced nature of Egyptian law in recognizing demand and suretyship guarantees, drawing comparisons with global practices.
Pavel Andrle's exploration of the originality of paper and electronic documents - Part 3 of a three part series.
The Windsor Township v. Tompkins Financial Corp. case emphasizes the significance of original letters of credit but questions their necessity in modern electronic transactions.
Despite advancements, eUCP has limited use, especially in China. The article discusses the challenges of electronic presentation and underscores the importance of recognizing electronic records on par with paper documents in LC transactions.
The historical challenges of suretyship in English law, emphasizing the need for modernizing guarantee forms. Recent cases, like Shanghai Shipyard, underscore the importance of clarity.
Particularly crucial for AML and KYC concerns, LEI facilitates faster access to finances for SMEs. Despite ongoing challenges, it is advocated by industry bodies and regulators as a pivotal tool in advancing global trade.
Proposed EU Capital Requirements Regulation changes may raise credit conversion factor for standby letters of credit. Limited data suggests low default rates. Banks issue standbys for fees, and despite credit risk, many expire unused.
Use of UCP600 for standbys continues, despite there being better suited rules in ISP98
Exploring the guarantor's right of recourse, analyzing legal concepts, international banking practices, and banking structures in China. Specifically guarantees and counter guarantees.
19-20 October 2022 The ICC Banking Commission held its 2022 Technical Meeting as a hybrid event in-person in Paris and
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