OXFORD UNIVERSITY PRESS

Letters of Credit and Demand Guarantees: Defences to Payment

ISBN : 9780199588534

参考価格(税込): 
¥38,346
著者: 
Deborah Horowitz
関連カテゴリー
ページ
272 ページ
フォーマット
Hardcover
サイズ
177 x 248 mm
刊行日
2010年06月
メール送信
印刷

This book is the first to provide an extensive analysis of the range of defences to payment under letters of credit and demand guarantees. It considers the extent to which different defences undermine the abstraction of these instruments. This is a fundamental issue, since letters of credit and demand guarantees are designed to be abstract, or autonomous, from the underlying contract that called for their use. The purpose of that abstraction is to provide certainty of payment, but the various defences diminish that certainty. The book examines the spectrum of defences that are frequently litigated and debated in international practice: fraud in the documents, nullity, fraud affecting deferred payment letters of credit, fraud as no honest belief, unconscionable conduct and illegality. Vitally, the book provides analysis of the relevant judicial decisions and offers clear practical guidance on which defences are most suitable for each instrument. As the instruments are heavily used in international trade, this work is particularly suited to financial and commercial law practitioners who draft agreements, as well as those who advise on disputes concerning these instruments. Accessible and engaging, the book is also relevant for academics and students.

目次: 

1. INTRODUCTION: INTERNATIONAL PAYMENT INSTRUMENTS AND DEFENCES
2. FRAUD IN THE DOCUMENTS
3. THE NULLITY DEFENCE AND NON-COMPLYING DOCUMENTS
4. FRAUD, DEFERRED PAYMENT CREDITS AND THE UCP 600
5. FRAUD AS NO HONEST BELIEF
6. UNCONSCIONABLE CONDUCT
7. ILLEGALITY
8. CONCLUSION: A SPECTRUM OF DEFENCES

著者について: 

Dr Deborah Horowitz graduated with a BA (Hons) and LLB (Hons) from the University of Melbourne, and then practised as a solicitor at Mallesons Stephen Jaques in Melbourne, specialising in banking and finance disputes. In 2005, she commenced studies at the University of Oxford, where she read for the degrees of BCL, MPhil and DPhil. Deborah is currently practising as an associate in the Financial Institutions Disputes Group at Freshfields Bruckhaus Deringer in London, where she works on financial, commercial and regulatory disputes.

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