PRC Independent Guarantee Provisions

2024 Americas LC Law Summit: Executive Summary
For the 25th consecutive year, the Institute of International Banking Law & Practice conducted its one-day Letter of Credit Law Summit. This Executive Summary provides an overview of topics discussed and debated at the conference hosted by Hogan Lovells in New York and conducted as a hybrid event.
Australia and New Zealand Banking Group Ltd. Manila Branch v. China National Electric Engineering Co., Ltd. & Bank of Jiangsu [2023]
Disputes over Independent Guarantee Fraud, Independent Guarantee Payment, and Improper Dishonor
UBAF (Hong Kong) Ltd. v. CAMA (Luoyang) Aviation Protective Equipment Co. & Luoyang Aviation Engineering Construction Co. [2020]
Local Guarantor petitioned for rehearing from the Supreme People’s Court of order for Counter Guarantor to terminate payment to Local Guarantor for having committed guarantee fraud and not acting in “good faith”.

Understanding and Application of the Right of Recourse Under the PRC Supreme People’s Court’s Guarantee Rules
Exploring the guarantor's right of recourse, analyzing legal concepts, international banking practices, and banking structures in China. Specifically guarantees and counter guarantees.

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.