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Given the success of practice rules and banks’ ability to more readily find resources for the proper interpretation of the rule sets, does it not make sense to avoid inclusion of a governing law or jurisdiction clause?
As many DCW readers may know, I am not a legal professional which begs the question: Why is he writing about letters of credit, demand guarantees and similar “independent undertakings” (IU) which may be issued subject only to law (and/or jurisdiction) or which include a governing rule set and are also subject to the laws of Country A (and any court matters to be brought in Country B jurisdiction)?
I am writing because of some recent conversations I have had with other trade finance specialists on this very topic and it is an area where opinions can differ significantly.
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