Search found 140 matches

by PavelA
Mon Nov 01, 2010 12:00 am
Forum: UCP 600
Topic: payment/negotiation commission when bank does not pay or neg
Replies: 1
Views: 1857

payment/negotiation commission when bank does not pay or neg

I agree with you. If the Nominated Bank has a Payment/Negotiation fee in their schedule of charges then they are entitled to the fee in situation 1. However, it appears that in situation 2 that the Nominated Bank did not pay or negotiate at any stage of the transaction but just deducted the fee on r...
by PavelA
Tue Jul 15, 2008 1:00 am
Forum: UCP 600
Topic: Nomination and Authorized confirmation
Replies: 29
Views: 16699

Nomination and Authorized confirmation

Very interesting debate! I also think that in relation to article 12 (a) the nominated bank can agree on different payment obligation in favour to the Beneficiary from the "confirmation obligation" as mentioned above. As regards "protection" under the UCP 600 I am of the opinion ...
by PavelA
Tue Jul 15, 2008 1:00 am
Forum: General
Topic: Confirmation to amendment
Replies: 2
Views: 2467

Confirmation to amendment

If the confirming bank confirmed the L/C and then there is an amendment to it which they do not want to add their confirmation to, then acc. to art. 10 (b) UCP 600 the confirming bank must so inform the Issuing bank and the Beneficiary. If the confirming bank fails to do so, in my opinion, it would ...
by PavelA
Tue Apr 08, 2008 1:00 am
Forum: General
Topic: URDG Guarantee
Replies: 6
Views: 3804

URDG Guarantee

The relevant articles of URDG are Article 2 (b) which deals with the separateness or independence of the URDG guarantee: “Guarantees by their nature are separate transactions from the contract(s) or tender conditions on which they may be based, and Guarantors are in no way concerned with or bound by...
by PavelA
Wed Apr 18, 2007 1:00 am
Forum: General
Topic: VERBAL ADVICE OF PAYMENT OF COLLECTION
Replies: 8
Views: 5443

VERBAL ADVICE OF PAYMENT OF COLLECTION

Even if we take it as a proven fact that a person in the collecting bank gave a verbal advice of payment, it would be quite reckless for a remitting bank or any other party to assume that ‘person’ had a mandate or authority to authorise payment, particularly if a large amount of money was involved. ...
by PavelA
Thu Aug 31, 2006 1:00 am
Forum: UCP 500
Topic: Place of Expiry and Nominated Bank
Replies: 6
Views: 4433

Place of Expiry and Nominated Bank

Dear all,

yes indeed, I agree that the presentation must be done within validity of the credit to the nominated or issuing bank.

With kind regards,

Pavel Andrle
by PavelA
Sat Jan 07, 2006 12:00 am
Forum: General
Topic: Exclusion Clauses on Insurance Policies/Certificates
Replies: 5
Views: 3639

Exclusion Clauses on Insurance Policies/Certificates

I agree with Jeremy as above - if the L/C calls for "all risks cover" then the Insitute Cargo Clauses (A) evidencing certain exclusions would be acceptable.

With best regards,

Pavel Andrle
by PavelA
Sat Jan 07, 2006 12:00 am
Forum: General
Topic: Insurance policy / certificate
Replies: 4
Views: 2837

Insurance policy / certificate

Yes, indeed, the rule works only one way. Certificate instead of policy is not acceptable unless Credit so explicitly allows.

regards,

Pavel Andrle
by PavelA
Mon May 02, 2005 1:00 am
Forum: General
Topic: Insurance in Two Fold
Replies: 4
Views: 3598

Insurance in Two Fold

If a L/C calls for insurance document in two fold and the insurance document shows it was issued in two originals, both of them must be presented in this particular case. This is clear from art. 34b UCP 5OO (also see art. 20(c)ii.) as further explained in para 32 ISBP. Therefore in this case this wa...
by PavelA
Wed Dec 29, 2004 12:00 am
Forum: General
Topic: consignee in transport document and C/O
Replies: 8
Views: 5651

consignee in transport document and C/O

My views:

AD. 1) - acceptable. Consignee is company X as required by L/C.

AD. 2) - acceptable. This does not constitute inconsistency.

Best Regards,

Pavel Andrle