International transactions involve an array of risks. A persistent risk in individual commercial transactions occurs when parties do not know each other well enough to trust each other. Letters of credit and bank guarantees manage this transaction risk by shifting it onto trusted independent third parties. The value of these instruments rests upon the reliability of performance by such third parties, and that depends, in part, on the degree of judicial reluctance to enjoin their performance. To the extent one party to an underlying transaction believes the other can control the third party through injunction, the value of the third party’s obligation diminishes. Until recently, the circumstances under which a court could be persuaded to enj...
The purpose of this Article is to evaluate the efficacy of the fraud exception to the independence p...
Independent bank guarantees has a vital role in the international business transactions as a guarant...
Banks acquire security rights under letters of credit through two methods, as pledgees of shipping d...
LL.M. (Commercial Law)Abstract: Courts globally have grappled with the notion of recognising excepti...
Bank guarantees are one of the most effective international instruments used in commercial contract...
LL.M. (Banking Law)Abstract: The debates and questions surrounding illegality as an exception to the...
This paper raises doubts over the seemingly prevailing view that illegality in the underlying contra...
The letter of credit continues to play an indispensable role in the financing and securing of intern...
Discusses the mechanisms by which international commercial letters of credit attempt to balance the ...
The principle of independence underpins the financial attractiveness and utility of documentary cred...
This paper is to reconsider and raise doubts over the seemingly prevailing view that illegality in t...
One of the most common problems in commercial transactions is the resolution of information asymmetr...
LL.M. (Banking Law)Abstract: The aim of this dissertation is to investigate the inconsistencies surr...
LL.M. (Banking Law)It has long been the vogue that the traditional fraud exception is the only excep...
LLM (International Trade Law), North-West University, Potchefstroom CampusLetters of credit have two...
The purpose of this Article is to evaluate the efficacy of the fraud exception to the independence p...
Independent bank guarantees has a vital role in the international business transactions as a guarant...
Banks acquire security rights under letters of credit through two methods, as pledgees of shipping d...
LL.M. (Commercial Law)Abstract: Courts globally have grappled with the notion of recognising excepti...
Bank guarantees are one of the most effective international instruments used in commercial contract...
LL.M. (Banking Law)Abstract: The debates and questions surrounding illegality as an exception to the...
This paper raises doubts over the seemingly prevailing view that illegality in the underlying contra...
The letter of credit continues to play an indispensable role in the financing and securing of intern...
Discusses the mechanisms by which international commercial letters of credit attempt to balance the ...
The principle of independence underpins the financial attractiveness and utility of documentary cred...
This paper is to reconsider and raise doubts over the seemingly prevailing view that illegality in t...
One of the most common problems in commercial transactions is the resolution of information asymmetr...
LL.M. (Banking Law)Abstract: The aim of this dissertation is to investigate the inconsistencies surr...
LL.M. (Banking Law)It has long been the vogue that the traditional fraud exception is the only excep...
LLM (International Trade Law), North-West University, Potchefstroom CampusLetters of credit have two...
The purpose of this Article is to evaluate the efficacy of the fraud exception to the independence p...
Independent bank guarantees has a vital role in the international business transactions as a guarant...
Banks acquire security rights under letters of credit through two methods, as pledgees of shipping d...