Article 18b

General questions regarding UCP 600
Post Reply
RaymondC
Posts: 34
Joined: Fri Apr 05, 2019 5:25 pm

Article 18b

Post by RaymondC » Thu May 10, 2007 1:00 am

I want to understand more about this Article.

LC amount is $20,000- No quantity of goods and unit price specified. Isssuing bank received invoice for $25,000 and draft for $20,000. Should it be treated as discrepancy or apply Art 18b and honour the draft amount $20,000?

If we treat it as discrepancy, then in what case could we apply this article?

Regards
JimBarnes
Posts: 144
Joined: Fri Apr 05, 2019 5:20 pm

Article 18b

Post by JimBarnes » Fri May 11, 2007 1:00 am

Usually I say that lawyer interpretations of UCP should be superseded by practice based readings. But I suppose I shouldn't wait to see what isbp is established for this UCP600 language. I would say that 18b and also 14d permit this, but I am hoping that 14d will be narrowly interpreted and applied and fearful that it will not be. Regards, Jim Barnes
DanielD
Posts: 538
Joined: Fri Apr 05, 2019 5:16 pm

Article 18b

Post by DanielD » Sun May 13, 2007 1:00 am

Raymond,

Whether you raise a discrepancy or not, you will invoke art. 18b which give you a choice.
Daniel
RaymondC
Posts: 34
Joined: Fri Apr 05, 2019 5:25 pm

Article 18b

Post by RaymondC » Tue May 15, 2007 1:00 am

And that's why there are still many unanswered questions after reading the 600 and may lead to the publish of further Opinions after July.
JimBarnes
Posts: 144
Joined: Fri Apr 05, 2019 5:20 pm

Article 18b

Post by JimBarnes » Wed May 16, 2007 1:00 am

Sorry, the question was about debiting the account of the applicant rather than the account of the nominated bank. My initial response addressed the latter.

As to the former, I agree that this is a matter governed by the agreements and laws governing the relationship between the applicant and the issuing bank. Their agreement governing LC issuance might give the issuing bank a right to reimbursement or indemnification or both in this circumstance. UCP500 Art. 18a and UCP600 Art. 37a provide skeltal agreements to indemnify. If there is a such a right, then debit under their LC agreements or their account agreement or applicable setoff law is likely provided as well.

Regards, Jim Barnes
Post Reply