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?
The recent case of Illinois DNR v. Regions Bank illustrates the importance of clear wording of automatic extension clauses and issuing banks including a final expiration date in their standbys.
Prompted by the perceived lack of general awareness of ISBP 821 provisions for handling certificates, the ICC Banking Commission addressed “Handling of Certificates under Documentary Credits subject to the UCP 600” in Technical Advisory Briefing No. 8 (TAB-8).
