DCW Articles
Judicial Remedies for Guarantee Fraud and Abusive Demands on Independent Guarantees Under PRC Law
In-depth look into use of independent guarantees in China's international trade, addressing risks like fraudulent calls and abuses.
Motivations and Rationale for Variation of Incoterms Rules
The ICC’s Incoterms® rules only reflect the most commonly used commercial practice. Therefore, where a situation demands and parties are in agreement, the rules may be amended to deviate from the default provisions or add to the rules to bring more precision.
Analysis of Lessons Learnt From Natixis v. BNP From a Different Perspective
Analysis of Natixis, New York Branch v. BNP Paribas case. Insights on acknowledging notice of assignment, setoff rights, and lessons for LC issuing banks. Learn more about structuring SBLCs effectively
Independent or Not? French Court Decides on Disputed Bank Guarantee
In McNeil & NRM Inc. v. SA Bank Audi France, the court ruled on a dispute over an advance payment guarantee. The case highlights the importance of precise guarantee wording and adherence to standard practices in international transactions.
2022 ICC Banking Commission Annual Meeting
DCW executive summary of ICC Banking Commission annual meeting covering ICC Opinions, Swift messaging, the trade finance gap, sustainable trade finance and more.
A Chinese Perspective on Assignment of Proceeds and Nomination Matters in BNP V. Natixis
The BNP v. Natixis case involved the assignment of letter of credit (LC) proceeds and nomination under an LC, raising legal considerations. The court ruled in favor of the assignee (BNP), stating that Natixis waived any right to setoff when accepting the assignment. A Chinese law view
Independent vs. Accessory Guarantees – a Tale of Two Cases: Shanghai Shipyard and Bank Audi
Different jurisdictional interpretations of guarantee law reinforce the need for practice rules in demand guarantee transactions.
Keynote Address by Jun XU to 2022 ICC BC Annual Meeting
Keynote address by Jun XU to the 2022 ICC Banking Commission Annual Meeting
A 1945 Jewel About Documentary Credits
A 1945 book displays a number of contemporary equivalents to current day trade finance banking practice.
Back to the Basics: Honour, Negotiation, and Reimbursement of Letters of Credit
Honour, negotiation, and reimbursement – individually and collectively – are perhaps some of the least understood (or most misunderstood) terms in letter
Originality of Paper and Electronic Documents (Part 1)
Pavel Andrle's exploration of the originality of paper and electronic documents - Part 1 of a three part series.
What Are We Supposed to Do? A Practical Approach to Sanctions Clauses
The position of a banker in the trade finance environment includes trying to reconcile opposite demands of a buyer and a seller.
