ICC Digital Library Forum

Hi,
If the last resort (Legal action) must be used, who will be the plaintiff in this case (our bank or the seller)?

Thanks so much for your all advices.

Hi,

If the remitting bank has acted strictly in accordance with the instructions of the principal but fails to receive the payment from the collecting bank/drawee, it is not responsible to the principal in any way (see Article 11). So, the plaintiff in this case would be the principal himself.

Kind regards,
N.H.Duc
[edited 5/27/2013 3:30:05 AM]

Hi,
After proceeding with an official legal action, the collecting bank H.O believes that documents acted upon were fraudulent. So all of our claims were paid.
Thank so much for your all advices.