The Independence Principle of Letters of Credit and Demand Guarantees

Author:   Nelson Enonchong (Barber Professor of Law, University of Birmingham; Of the Inner Temple, Barrister)
Publisher:   Oxford University Press
ISBN:  

9780199239719


Pages:   386
Publication Date:   07 April 2011
Format:   Hardback
Availability:   To order   Availability explained
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The Independence Principle of Letters of Credit and Demand Guarantees


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Overview

The Independence Principle of Letters of Credit and Demand Guarantees offers a comprehensive and authoritative analysis of the principle of independence, a fundamental element of Letters of Credit and Demand Guarantees. It examines the key issues involved in the practical application of this principle and the increasing exceptions to it, including a detailed account of the rules in this area.Beginning with an elementary account of the law of Letters of Credit and Demand Guarantees, the following chapters guide practitioners on the parameters of the Independence Principle. It will discuss the limitations of the principle, and assess whether new exceptions should be introduced. With English law and practice as the main focus of the work, comparisons to other major common law jurisdictions (including Australia, Canada, USA and Singapore) will be made where relevant and instructive.The landscape of the law in this area has changed markedly as a result of judicial decisions within the last five years,and revisions of the ICC Uniform Customs and Practice for Documentary Credits (2007) and ICC Uniform Rules for Demand Guarantees (2010). The fully updated analysis takes into account all the important developments that have taken place in this field in recent years and will prove a valuable reference tool to practitioners and academics alike.

Full Product Details

Author:   Nelson Enonchong (Barber Professor of Law, University of Birmingham; Of the Inner Temple, Barrister)
Publisher:   Oxford University Press
Imprint:   Oxford University Press
Dimensions:   Width: 18.10cm , Height: 2.70cm , Length: 25.40cm
Weight:   0.804kg
ISBN:  

9780199239719


ISBN 10:   0199239711
Pages:   386
Publication Date:   07 April 2011
Audience:   Professional and scholarly ,  Professional & Vocational
Format:   Hardback
Publisher's Status:   Active
Availability:   To order   Availability explained
Stock availability from the supplier is unknown. We will order it for you and ship this item to you once it is received by us.

Table of Contents

1: Introduction 2: The Nature of Letters of Credit 3: The Nature of Demand Guarantees 4: The Independence Principle 5: The Fraud Exception 6: Nullity or Recklessness Exception? 7: Unconscionability Exception 8: The Illegality Exception 9: Demand in Breach of an Agreement with the Account Party 10: Injunctions 11: Claims Against the Beneficiary for a Wrongful Demand 12: Recovery of Overpayments 13: Conflict of Laws

Reviews

The size of the book (only 341 pages) is a tribute to Professor Enonchong's ability to deal succinctly and clearly with the various problems that have been discussed in it. Satish J. Shah, Journal of the Commonwealth Lawyers' Association Overall, the book provides readers with sound understanding and with a complete analysis of the independence principle of Letters of Credit and Demand Guarantees. Gabriel Gomez Giglio, Journal of International Banking Law and Regulation


Overall, the book provides readers with sound understanding and with a complete analysis of the independence principle of Letters of Credit and Demand Guarantees. Gabriel Gomez Giglio, Journal of International Banking Law and Regulation


Author Information

Nelson Enonchong is Barber Professor of Law at the University of Birmingham. His primary area of expertise is in the fields of Contract, Commercial and Restittution Law. As a qualified Barrister, Professor Enonchong has commercial experience and advises practitioners working on complex commercial transactions.

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