Potentially game-changing amendments have been proposed for the Uniform Commercial Code (UCC) to govern commercial transactions, including Articles 2 (Sales), 3 (Commercial Paper), 5 (Letters of Credit), and more.
The historical challenges of suretyship in English law, emphasizing the need for modernizing guarantee forms. Recent cases, like Shanghai Shipyard, underscore the importance of clarity.
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
Further to DCW’s Nov/Dec 2021 Feature, “When is a Guarantee ‘Issued’?”, and comments on how US Revised UCC Article 5 brought clarity to determining when an LC was issued, DCW reprints here the section of a 1993 Study on inappropriate reliance on agency principles.
