ICC Finalizes Opinion on B/L Freight Details
At its first quarterly discussion session of 2026 on 27 January, the ICC Banking Commission finalized ICC Opinion TA958rev. It
The ICC Banking Commission’s quarterly meeting, held via Zoom on 21 October 2025, discussed six draft opinions, the status of Technical Advisory Briefings, a call for comments on the future of UCP and ISBP, and the emergence of stablecoin as relates to ICC rules and digital trade law.
ICC Opinion TA952 involves two open-ended guarantees issued subject to URDG 458 (1992) and French law. Although the applicant indicated that the underlying obligations for the guarantees have been satisfied, the beneficiary “no longer exists” and therefore cannot affirm the obligations have been fulfilled. The Query asks a series of questions, including whether URDG 758 supersedes URDG 458, whether the guarantor can cancel the guarantees outright or based on beneficiary’s prolonged silence as evidence they no longer exist. Also, what proof, if any, the guarantor needs to furnish that the beneficiary no longer exists and whether the beneficiary would have any legal recourse to claim on the guarantees if they were cancelled.
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