October 2025
DCW Monthly: January 2026
We start 2026 with a focus on how courts, technology, and compliance realities are testing frameworks that were largely built
DCW Litigation Digest
Lexon Insurance Co. v. FDIC [2021]
Beneficiary argued that LCs are not contracts or leases and that FDIC as Receiver of closed Issuer lacked the authority to repudiate.
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DCW Litigation Digest
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.
DCW Litigation Digest
Luoyang Aviation Construction Co. v. Korea Kookmin Bank [2023]
Case heard by China's Supreme People’s Court deals with questions regarding alleged fraud and the nature of a transferable credit under UCP600 Article 38.
DCW Litigation Digest
ANZ Bank, Manila Branch v. China National Electric Engineering Co., Ltd. & Bank of Jiangsu [2024]
Retrial application dismissed in case involving a dispute over alleged fraud and application the PRC Independent Guarantee Provisions to a standby LC governed by ISP98.
DCW Articles
Don’t Walk Away: A Tried and Tested Alternative to “Pay and Walk”?
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.
