DCW Monthly: September 2025
From London to New Delhi to New York, this issue brings together the latest laws, rulings, and rule-set debates in
From London to New Delhi to New York, this issue brings together the latest laws, rulings, and rule-set debates in
In the latest rollout of its Technical Advisory Briefings (TABs), the ICC Banking Commission has issued TAB No. 13, “Confirmation
Six Draft Opinions will be addressed at the next session of ICC Banking Commission’s quarterly discussion of Opinions on
Fraud prevention is a crucial pursuit, but is an interim/hybrid solution requiring a beneficiary’s bank to vouch for the beneficiary the answer? Or does it introduce added risks?
Fraud prevention is an ongoing goal. In the world of commercial LCs, standby LCs, and demand guarantees subject to either UCP 600, ISP98, or URDG758, banks/guarantors are not responsible for vetting or otherwise verifying any signatures on any of the drawing documents received. Additionally, the basic premise of the various rules is that banks are not responsible to vet any content or otherwise go beyond the four corners of any required document to determine whether any statement is true or false.
However, with the exception of UCP, these same rules indicate that when a non-paper or data demand is allowed, the bank receiving the data is expected to authenticate the sender of the data (data could be transmitted by a beneficiary, its forwarder, transportation carrier, chamber of commerce, etc.) in some manner, understanding that different systems/platforms employ different methods to ensure an authentication process. eUCP would be the applicable rules for data demands allowed by a commercial LC.
From London to New Delhi to New York, this issue brings together the latest laws, rulings, and rule-set debates in
URDG 758 and the UN Guarantee Convention both address independent guarantees and in many respects their content is similar, but differences exist in their areas of focus.
The Indian judicial process can move at a sluggish pace, but the facts of this LC case suggest it should not have lingered. Ashish Madan considers the discrepancies and asks questions if other factors contributed to the delay.
Enactment of the 2022 Amendments to the Uniform Commercial Code updates New York’s commercial law to fully recognize electronic records. They also affirm that signed electronic letters of credit have the same legal effect as paper-based LCs.
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