DCW Articles

ICC Opinions: Why has Usage Reduced?
Writing as a trade finance professional with a long background in the business, Dave Meynell offers his personal views on factors contributing to the sharp reduction in ICC Official Opinions issued over the past several years.

Causation in Misdelivery Cases: The “Maersk Katalin”
With the causation defence being increasingly engaged in misdelivery cases, there is a great deal for banks and shipowners to learn from The “Maersk Katalin” case.

Views on ISDGP’s Explanation of URDG 758 Article 15(c)
URDG 758 Article 15(c) makes clear that the requirement stated in Article 15(a) always applies unless expressly excluded in the guarantee, but does ISDGP help or harm in explaining this provision?

Sanctions Clauses – Here to Stay, so How to Deal with Them?
Following his writing in the past two editions of DCW, Robert Parson examines legal developments on sanctions and sanctions clauses that have arisen in courts recently and implications for LC practice.

Revising UCP 600: Weighing the Issues, Merits, and Challenges
In the fifth instalment of his DCW article series on major contemporary issues surrounding documentary credit practice, ICC Banking Commission Senior Technical Advisor Dave Meynell offers his thoughts on the highly-charged question: Is it time for UCP to be revised?

Under LC Rules, What is a Complying Certification of a Court Order?
Beyond questions on the rule of strict construction of LC terms, the In re Spiegel case should engender a discussion of the requirements of UCP vs. ISP on what certified means with respect to a government or court-issued document.

Letters of Credit*
Continuing an annual survey written by top legal experts each year since 1992, Carter Klein examines the most significant letter of credit issues emerging from cases decided in 2023.

Hard Cases – Taking Stock of How Trader Defaults and Geopolitical Events Shaped LC Court Decisions
Following his writing in the January 2025 edition of DCW, Robert Parson continues his look at high profile cases by revisiting decisions surfacing from Singapore commodity defaults of recent years.

Simple Documentary Credit Format
In the fourth instalment of his DCW article series on major issues surrounding potential revision of UCP, ICC Banking Commission Senior Technical Advisor Dave Meynell reinforces the case for simple documentary credits and offers tips on how to construct them.

Addressing Misconceptions of Electronic Signatures
There's more (or less) to signatures than how they are labelled. In his article, Dr. Alan Davidson sheds light on variants of electronic signatures.

Standby LCs: A Reliable Tool in International Trade
Low default rates, increased flexibility, technological advancements and evolving regulations make standby letters of credit (SBLCs) an appealing option in international trade

Questions and Observations on the Shinetec Case
A dispute involving an ISP98 standby and litigation in two jurisdictions raises a host of considerations. Here, Carter Klein comments on five facets of the Shinetec (Australia) Pty Ltd. v. The Gosford Pty Ltd Australian appellate court decision.