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Demand Guarantees in the Construction Industry

Demand Guarantees in the Construction Industry PDF Author: Karl Marxen
Publisher:
ISBN: 9781485128274
Category :
Languages : en
Pages : 355

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Book Description


Demand Guarantees in the Construction Industry

Demand Guarantees in the Construction Industry PDF Author: Karl Marxen
Publisher:
ISBN: 9781485128274
Category :
Languages : en
Pages : 355

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Book Description


Guide to Construction Arbitration

Guide to Construction Arbitration PDF Author: Stavros Brekoulakis
Publisher: Law Business Research Ltd.
ISBN: 1912377012
Category :
Languages : en
Pages : 280

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Book Description
Global Arbitration Review's The Guide to Construction Arbitration - edited by Stavros Brekoulakis and David Brynmor Thomas - takes the reader through the essential details of preparing, mitigating and managing construction disputes internationally. These include preparing contracts and guarantees, setting up dispute boards, organising proceedings in arbitrations, analysing documents and evidence and navigating within particular industries and regions. With contributions from the world's leading experts, the Guide is organised into 4 sections: I. International Construction Contracts II. International Arbitration for Construction Disputes III. Select Topics on Construction Arbitration IV. Regional Construction Arbitration.

Letters of Credit and Demand Guarantees: Defences to Payment

Letters of Credit and Demand Guarantees: Defences to Payment PDF Author: Deborah Horowitz
Publisher: Oxford University Press
ISBN: 0199588538
Category : Law
Languages : en
Pages : 251

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Book Description
This book is the first to provide an extensive analysis of the range of defences to payment under letters of credit and demand guarantees. It considers the extent to which different defences undermine the abstraction of these instruments. This is a fundamental issue, since letters of credit and demand guarantees are designed to be abstract, or autonomous, from the underlying contract that called for their use. The purpose of that abstraction is to provide certainty of payment, but the various defences diminish that certainty. The book examines the spectrum of defences that are frequently litigated and debated in international practice: fraud in the documents, nullity, fraud affecting deferred payment letters of credit, fraud as no honest belief, unconscionable conduct and illegality. Vitally, the book provides analysis of the relevant judicial decisions and offers clear practical guidance on which defences are most suitable for each instrument. As the instruments are heavily used in international trade, this work is particularly suited to financial and commercial law practitioners who draft agreements, as well as those who advise on disputes concerning these instruments. Accessible and engaging, the book is also relevant for academics and students.

Bank Guarantees in International Trade

Bank Guarantees in International Trade PDF Author: Roeland F. Bertrams
Publisher: Kluwer Law International B.V.
ISBN: 9041141308
Category : Law
Languages : en
Pages : 648

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Book Description
For decades, this remarkable book – now in its updated fourth edition – has served practitioners in international trade and banking law as a thorough ‘codification’ of the law and practice of bank guarantees. The new edition has been thoroughly revised, updated, and amended in the light of new developments in the law and changing patterns in practice. Bertrams uses case law, arbitral decisions, and legal writing from five European jurisdictions – The Netherlands, Germany, France, Belgium, and England – to build an analysis of how the practical applications of bank guarantees have established a pattern of law. The new edition takes into account all legal and arbitral decisions and relevant legal writing through 2012 from these countries, as well from other European countries and the United States. Written from a transnational perspective, Bank Guarantees in International Trade can be used in both civil and common law jurisdictions and it has been cited as an authoritative source of case law in several jurisdictions from each system. With reference throughout to the effect and significance of the Uniform Rules for Demand Guarantees (URDG) of the International Chamber of Commerce, International Standby Practices (ISP), and the UNCITRAL Convention on Independent Guarantees and Stand-by Letters of Credit, the author continuously elucidates the way guarantees function in actual practice and the numerous practical aspects and issues to which they give rise. The analysis covers the following subjects and much else: types of guarantee (tender, performance, maintenance, repayment, retention); payment mechanisms (first demand, third-party documents, arbitral or court decision); risks and negotiations, drafting and clauses; bank guarantees as a financial service, the bank’s perspective; direct and indirect guarantees, counter-guarantees; formation, enforceability of expiry dates, assignment and transfer; demand for payment and the rule of strict compliance; fraud and restraining orders; applicable law and jurisdiction; reference to URDG 2010 revision and ISP98 throughout the text. In addition to his thorough coverage of law and legal writing, the author has drawn on intensive contacts with the banking community, construction firms, export credit insurance companies, and local lawyers. His insight into ‘the daily life’ of the world of independent (first demand) guarantees and the practices, difficulties, and peculiarities in a great number of countries and regions, including the Middle East and North Africa, cannot be matched in any other source. Bank guarantees can present major difficulties, and this book is the lawyer’s best guide in any situation likely to arise. As a comprehensive study of the legal and practical aspects of bank guarantees and standby letters of credit, it offers practitioners in international trade law the most complete analysis of banking law in the field. In its wealth of practical detail, it is unlikely to be surpassed.

Multi-Party and Multi-Contract Arbitration in the Construction Industry

Multi-Party and Multi-Contract Arbitration in the Construction Industry PDF Author: Dimitar Kondev
Publisher: John Wiley & Sons
ISBN: 1119251729
Category : Law
Languages : en
Pages : 408

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Book Description
Multi-Party and Multi-Contract Arbitration in the Construction Industry provides the first detailed review of multi-party arbitration in the international construction sector. Highly practical in approach, the detailed interpretation and assessment of the arbitration of multi-party disputes will facilitate understanding and decision making by arbitrators, clients and construction contractors.

Contract Administration And Procurement In The Singapore Construction Industry (Second Edition)

Contract Administration And Procurement In The Singapore Construction Industry (Second Edition) PDF Author: Pin Lim
Publisher: World Scientific
ISBN: 9811218102
Category : Technology & Engineering
Languages : en
Pages : 348

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Book Description
This book seeks to educate and equip aspiring professionals, industry practitioners, and students in the knowledge and practice of contract administration and procurement in the Singapore Construction Industry. It discusses the roles of and relationships between the different parties (e.g. Owner, Architect, Quantity Surveyor), tendering procedures, project delivery methods, payments, variations, final account, and other aspects for the administration of construction contracts in Singapore.This second edition has been updated to include:The book is written in an easy and readable form. Technical jargon is minimised. The topics include both common and less common issues in industry that practitioners and students should be aware. Most of the examples are obtained from industry (with modifications) and reflect current practices. Timelines, flowcharts, sample forms, sample letters, and other documents illustrating the processes are provided in this work, for the easy understanding of the readers.The contract administration process takes into account the Singapore Institute of Architects' Measurement Contract (9th Edition), the Public Sector Standard Conditions of Contract for Construction Works (7th edition), and also the Building and Construction Industry Security of Payment Act.

Unconscionable Conduct in Commercial Transactions

Unconscionable Conduct in Commercial Transactions PDF Author: Garth Wooler
Publisher: Cambridge Scholars Publishing
ISBN: 1527520900
Category : Law
Languages : en
Pages : 292

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Book Description
This book looks at the historical use of allegations of unconscionable conduct within the context of independent trade finance instruments, such as letters of credit and demand guarantees. It makes a detailed survey of the law of unconscionable conduct, the complexities of the doctrine of independence, and the circumstances where the former prevails to provide relief from abuse. It also completes a wide–ranging, sequential audit of the relevant case law in both Singapore and Australia where unconscionable conduct was alleged in independent instrument matters. The audit examines every case along the lines of precedent and details the contribution each makes to the law. Focussing on the jurisdictions of Singapore, Australia, and Malaysia, the book lays out the case for the broad adoption of unconscionable conduct in this domain. With its premises founded in precedent and statute, it describes the elements of independent instrument unconscionability as already laid down in law and links it to international banking practice.

Pricing Export Credit

Pricing Export Credit PDF Author: Claudio Franzetti
Publisher: Springer Nature
ISBN: 3030702855
Category : Business & Economics
Languages : en
Pages : 246

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Book Description
Pricing of export credit is a challenge in the globalised world trade. Annual premia represent billions of euros or dollars and may determine competition. This book develops a rigorous new framework for pricing export credit products, e.g. buyer and supplier credit insurance and performance and working capital guarantees , based on well-known financial and actuarial theories. It introduces the products, the theories and the different data sources in order to apply the mathematical and financial ideas, e.g. discounting, risk-neutral valuation and Merton type defaults. It shows the differences of historical experience and implicit market pricing assumptions. The well-known OECD Arrangement is used as a benchmark for some part of the framework. Short code snippets in R are given in order to re-perform the results and have a basis to try own ideas. Many unprecedented exhibits give new insights into the subject matter. The book is targeted at practitioners and actuaries in the field with a good quantitative background.

Understanding the FIDIC Red Book

Understanding the FIDIC Red Book PDF Author: Jeremy Glover
Publisher: Sweet & Maxwell
ISBN: 0414044606
Category : Engineering contracts
Languages : en
Pages : 490

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Book Description
This work examines the International Federation of Consulting Engineers' contracts and breaks them down, making them both easier to understand and to refer to.

Law for the Construction Industry

Law for the Construction Industry PDF Author: J.R. Lewis
Publisher: Routledge
ISBN: 1317888774
Category : Law
Languages : en
Pages : 312

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Book Description
Law for the Construction Industry provides a comprehensive introduction to the English legal system and basic contract law for those involved in the construction industry. It covers the level 2 module on legal studies of The CIOB's Education Framework and is officially sanctioned by The CIOB as the recognised book for that module. The book assumes no previous knowledge of English law. The second edition has been brought fully up-to-date with the latest legal changes. It explains basic contract law and gives the reader an understanding of employment and consumer law whilst placing law in the context of the construction industry throughout. Law for the Construction Industry is a core textbook for the CIOB level 2 module on legal studies, as well as BTEC HNC/D and degree courses in building and construction management.