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.
Most specialists in the trade finance industry are well aware of multiple court cases in recent years – many from Singapore – about the perils of letters of indemnity (LOIs) being used in lieu of original bills of lading. In a recent discussion, bankers were asked whether they would issue a commercial LC on behalf of a high-valued client which allowed for the presentation of a charter party bill of lading (CPBL), delivery order, or an LOI as a replacement for the full set of original bill of lading. What are the risks associated with issuing such an LC and how might those risks be mitigated?
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