Petefish Skiles & Co v. Meads-Maes USA Chiren Joint Venture Company [2025]
Case raises important questions and concerns about a URDG guarantee issuer’s obligations and distinguishing an independent bank guarantee from an escrow account arrangement.
For the 26th consecutive year, the IIBLP conducted its one-day Americas Letter of Credit Law Summit. Held in New York City on 5 November 2025 and hosted by Baker McKenzie, the program was organized as a hybrid event. This Executive Summary provides an overview of key topics discussed and debated.
From the heart of Manhattan, the opening panel first discussed New York’s adoption of the 2022 Amendments to the Uniform Commercial Code (UCC), including the new UCC Article 12 (Controllable Electronic Records), which are intended to create an equivalence between paper and electronic records. UCC Section 12-105 provides a new technology-neutral definition of “control” and how a person has control of a controllable electronic record. At this point, banks are in the process of building out or evaluating systems to handle CERs. The panel noted that the UK Electronic Trade Documents Act (ETDA) is similar in that electronic records have equivalence to paper documents if they are issued on a “reliable system”. Presently, there is no definition for this term and the ICC is exploring what would constitute a “reliable system”. For LC beneficiaries, the significance of this development cannot be understated. Prior to the 2022 Amendments, there could be uncertainty whether an LC issued by Docusign or electronic means other than SWIFT is enforceable in the US. The new law now makes it clear that electronic signatures are enforceable. Other panelists added that the 2022 Amendments are critically important for bill of exchange financing activities.
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