DCW Monthly: December 2025
As the year draws to a close, this month’s DCW focuses on the issues likely to carry into 2026.
As the year draws to a close, this month’s DCW focuses on the issues likely to carry into 2026.
Because standbys and demand guarantees often contain automatic extension clauses, ICC Opinion TA954 offers important lessons for practice and the need for sound drafting of such clauses.
The Australian Standing Council of Attorneys-General (SCAG) issued a Communique on 14 November 2025 on a range of agreed issues,
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.
Because standbys and demand guarantees often contain automatic extension clauses, ICC Opinion TA954 offers important lessons for practice and the need for sound drafting of such clauses.
For the 19th consecutive year, IIBLP conducted its Americas Standby & Guarantee Forum. Held in New York City on 4 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.
The September 2025 bankruptcy filing of First Brands has thrust supply chain finance into the industry spotlight again. Supply chain specialist Tat Yeen Yap explains how certain forms of SCF techniques work and addresses whether they can give rise to opaque accounting and hidden financial debt.
Practice rules for independent undertakings do not address "pay and walk" clauses that are being used in some regions and shunned by others. Here, David Williams puts forth an alternative option for consideration.
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