PRC Independent Guarantee Provisions
Force Majeure Defenses against a Beneficiary’s Demand under an Independent Guarantee
Judges at three court levels in China erred in deciding on the force majeure defense invoked by an applicant as the basis for an issuing bank’s filing for an injunction. Saibo Jin explains the case and its broader implications.
2025 Americas Standby & Guarantee Forum: Executive Summary
For the 19th consecutive year, IIBLP conducted its Americas Standby & Guarantee Forum. Held in New York City on 4 November 2025 and hosted by Baker McKenzie, the program was organized as a hybrid event. This Executive Summary provides an overview of key topics discussed and debated.
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.
2025 Singapore Guarantee & Standby Forum: Executive Summary
For the 18th consecutive year, IIBLP conducted its Guarantee & Standby Forum for the Singapore trade finance market. Held on 19 May 2025 and hosted by S&P Global, the program was organized as a hybrid event. This Executive Summary provides an overview of topics discussed and debated.
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.
