Search found 9 matches

by VincentMaulella
Fri May 02, 2008 1:00 am
Forum: General
Topic: Confirming Bank's liability
Replies: 7
Views: 4802

Confirming Bank's liability

Shahed, I would agree that a confirming bank does what it does under UCP "without recourse" (a term not defined in UCP) unless of course, the confirming bank qualifies its engagement to the bene in a separate "negotation agreement." UCP implies that a nominated bank that has not ...
by VincentMaulella
Fri Mar 21, 2008 12:00 am
Forum: General
Topic: 2008 L/C Law Survey - Amsterdam
Replies: 1
Views: 1658

2008 L/C Law Survey - Amsterdam

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by VincentMaulella
Tue Jan 15, 2008 12:00 am
Forum: UCP 600
Topic: linkage
Replies: 15
Views: 9060

linkage

As Jeremy and Kim know, I usually don’t comment on Forum questions, but this is a good question and one that is of interest to me. First, let me say that I’ve enjoyed your exchange at a distance. I don’t recall how many of you were at the Vienna 2006 Banking Commission meeting, the last “open discus...
by VincentMaulella
Tue Jul 31, 2007 1:00 am
Forum: UCP 600
Topic: ABSURD
Replies: 29
Views: 17524

ABSURD

I see that another issue was raised re sub-Article 14(b). FYI, I have it from a good source, that, a law firm in Hong Kong, recommended to beneficiaries to delete 14(d). Personally, I would have added 14(f) or if I were a power bene, modify along the lines of: Notwithstanding sub-Article 14.d and 14...
by VincentMaulella
Tue Jul 31, 2007 1:00 am
Forum: UCP 600
Topic: ABSURD
Replies: 29
Views: 17524

ABSURD

In my view, this was an unnecessary sub-provision. The incidences of lost documents are rare enough and could well have been handled by the existing ICC Opinion. I wonder how many National Committtees voted to revise this portion of UCP -- this one had to be an issue for the drafting committee or on...
by VincentMaulella
Mon Jul 30, 2007 1:00 am
Forum: UCP 600
Topic: ABSURD
Replies: 29
Views: 17524

ABSURD

I love it! The issues, this is just one such issue, raised but ignored by the drafting group may have come home to haunt UCP600. As I recall, at the May 2007 BC meeting in Vienna, members vociferously commented that paragraph 2 of Article 35 (guess you will have to buy the Commentary, for insights a...
by VincentMaulella
Fri Jun 25, 2004 1:00 am
Forum: General
Topic: Is there any inconsistency ?
Replies: 16
Views: 9461

Is there any inconsistency ?

I usually do not respond to questions in chat rooms as it conflicts with my consultancy. However, I find this question re inconsistency interesting and in my opinion, representative of the next crisis issue for the UCP, following “original” and “notice of refusal.” “Inconsistency” is the new and mos...
by VincentMaulella
Thu May 02, 2002 1:00 am
Forum: UCP 500
Topic: The so called "Conditional L/C's"
Replies: 14
Views: 7837

The so called "Conditional L/C's"

Remember, my scenario is based on a given set of circumstances for a particular transaction. I am not trying to create a solution for this transaction. For this discussion, I am simply sharing a similar experience. In my case, the bank had no concerns re political motivation by the government agency...
by VincentMaulella
Wed May 01, 2002 1:00 am
Forum: UCP 500
Topic: The so called "Conditional L/C's"
Replies: 14
Views: 7837

The so called "Conditional L/C's"

Your case is reminiscent of what I refer to as “USFDA” credits issued by US banks some years ago. In my scenario, US banks were asked to issue LCs that would protect the importer in the event that goods (foodstuffs subject to inspection by the US Department of Agriculture Food & Drug Administrat...