见索即付保函统一规则URDG758介绍=上海
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• expiry date means the date specified in the guarantee on or before which a presentation may be made; • expiry event means an event which under the terms of the guarantee results in its expiry, whether immediately or within a specified time after the event occurs, for which purpose the event is deemed to occur only:
URDG758
Article 1 Application of URDG ➢Apply to any demand guarantee or counter-guarantee that expressly indicates it is subject to them, except modifies or excludes them. ➢Demand Guarantee is subject to the URDG,
☺The case of “other relationship”?
8
URDG758
Article 2 Definitions
➢expiry means the expiry date or the expiry event or, if both are specified, the earlier of the two;
☺Complying presentation under UCP600? Presentation v. Demand?
6
URDG758
Article 2 Definitions
➢International standard demand guarantee practice
This is meant as a first step to supplementing in the next few years the revised URDG with a body of codified standard practices similar to ISBP when ICC feel that Opinions, DOCDEX decisions and other position papers would allow to identify distinctively such a body of standards in the meantime, it is felt that the new concept of ISDGP so for as consistent with the URDG will allow parties judges and arbitrators more latitude in identifying solutions to disputes while remaining within the spirit and general principals of the URDG.
ISDGP, a gap-filler to URDG.
☺DOCDEX: ICC Rules for Documentary Instruments Dispute Resolution Expertise. 20191001.
7
URDG758
Article 2 Definitions ➢Underlying relationship means the contract, tender conditions or other relationship between the applicant and the beneficiary on which the guarantee is based.
☺Document includes fax or e-mail?
5
URDG758
Article 2 Definitions ➢Complying presentation under a guarantee means a presentation that is in accordance with, • first, the terms and conditions of that guarantee, • second, these rules so far as consistent with those terms and conditions and, • third, in the absence of a relevant provision in the guarantee or these rules, international standard demand guarantee practice. ➢Complying demand means a demand that meets the requirements of a complying presentation.
The applicant may or may not be the instructing party. ➢Instructing party means the party, other than the counterguarantor, who gives instructions to issue a guarantee or counterguarantee and is responsible for indemnifying the guarantor or, in the case of a counter-guarantee, the counter-guarantor.
➢Guarantor’s own records means records of the guarantor showing amounts credited to or debited from accounts held with the guarantor, provided the record of those credits or debits enables the guarantor to identify the guarantee to which they relate;
The instructing party may or may not be the applicant.
☺Party v. Bank
3
URDG758
Article 2 Definitions ➢Demand guarantee means any signed undertaking, however named or described, providing for payment on presentation of a complying demand. ⌘ Structure of five-party guarantee
9
URDG758
Article 3 Interpretation ➢Branches of a guarantor in different countries are considered to be separate entities. ➢ a guarantee includes a counter-guarantee and any amendment
➢URDG 1992 version or 2019 version?
☺Can the URDG apply where not expressly incorporated in a guarantee?
2
URDG758
Article 2 Definitions ➢Applicant means the party indicated in the guarantee as having it obligation under the underlying relationship supported by the guarantee.
a. when a document specified in the guarantee as indicating the occurrence of the event is presented to the guarantor, or
b. if no such document is specified in the guarantee, when the occurrence of the event becomes determinable from the guarantor's own records. ☺Valid until 30 days after delivery evidenced by cargo receipt ?
Counter Guarantee is also subject to the URDG. ☺Counter Guarantee is also subject to the URDG,
Demand Guarantee is subject to the URDG? ☺Demand Guarantee is subject to the URDG excluded article X,
Counter Guarantee is subject to the URDG excluded article X?
☺modifies or excludes?
1
URDG758
Article 1 Application of URDG ➢Where, at the request or with the agreement of the instructing party, a demand guarantee or counter-guarantee is issued subject to the URDG, the instructing party is deemed to have accepted the rights and obligations expressly ascribed to it in these rules.
Principal
Instructing PartyAp Nhomakorabealicant
Beneficiary
Counter Guarantor
Guarantor
☺Can guarantor issue a guarantee acting for its own account?
4
URDG758
Article 2 Definitions ➢Presentation means the delivery of a document under a guarantee to the guarantor or the document so delivered. It includes a presentation other than for a demand, for example, a presentation for the purpose of triggering the expiry of the guarantee or a variation of its amount. ➢Document means a signed or unsigned record of information, in paper or in electronic form, that is capable of being reproduced in tangible form by the person to whom it is presented. In these rules, a document includes a demand and a supporting statement.
URDG758
Article 1 Application of URDG ➢Apply to any demand guarantee or counter-guarantee that expressly indicates it is subject to them, except modifies or excludes them. ➢Demand Guarantee is subject to the URDG,
☺The case of “other relationship”?
8
URDG758
Article 2 Definitions
➢expiry means the expiry date or the expiry event or, if both are specified, the earlier of the two;
☺Complying presentation under UCP600? Presentation v. Demand?
6
URDG758
Article 2 Definitions
➢International standard demand guarantee practice
This is meant as a first step to supplementing in the next few years the revised URDG with a body of codified standard practices similar to ISBP when ICC feel that Opinions, DOCDEX decisions and other position papers would allow to identify distinctively such a body of standards in the meantime, it is felt that the new concept of ISDGP so for as consistent with the URDG will allow parties judges and arbitrators more latitude in identifying solutions to disputes while remaining within the spirit and general principals of the URDG.
ISDGP, a gap-filler to URDG.
☺DOCDEX: ICC Rules for Documentary Instruments Dispute Resolution Expertise. 20191001.
7
URDG758
Article 2 Definitions ➢Underlying relationship means the contract, tender conditions or other relationship between the applicant and the beneficiary on which the guarantee is based.
☺Document includes fax or e-mail?
5
URDG758
Article 2 Definitions ➢Complying presentation under a guarantee means a presentation that is in accordance with, • first, the terms and conditions of that guarantee, • second, these rules so far as consistent with those terms and conditions and, • third, in the absence of a relevant provision in the guarantee or these rules, international standard demand guarantee practice. ➢Complying demand means a demand that meets the requirements of a complying presentation.
The applicant may or may not be the instructing party. ➢Instructing party means the party, other than the counterguarantor, who gives instructions to issue a guarantee or counterguarantee and is responsible for indemnifying the guarantor or, in the case of a counter-guarantee, the counter-guarantor.
➢Guarantor’s own records means records of the guarantor showing amounts credited to or debited from accounts held with the guarantor, provided the record of those credits or debits enables the guarantor to identify the guarantee to which they relate;
The instructing party may or may not be the applicant.
☺Party v. Bank
3
URDG758
Article 2 Definitions ➢Demand guarantee means any signed undertaking, however named or described, providing for payment on presentation of a complying demand. ⌘ Structure of five-party guarantee
9
URDG758
Article 3 Interpretation ➢Branches of a guarantor in different countries are considered to be separate entities. ➢ a guarantee includes a counter-guarantee and any amendment
➢URDG 1992 version or 2019 version?
☺Can the URDG apply where not expressly incorporated in a guarantee?
2
URDG758
Article 2 Definitions ➢Applicant means the party indicated in the guarantee as having it obligation under the underlying relationship supported by the guarantee.
a. when a document specified in the guarantee as indicating the occurrence of the event is presented to the guarantor, or
b. if no such document is specified in the guarantee, when the occurrence of the event becomes determinable from the guarantor's own records. ☺Valid until 30 days after delivery evidenced by cargo receipt ?
Counter Guarantee is also subject to the URDG. ☺Counter Guarantee is also subject to the URDG,
Demand Guarantee is subject to the URDG? ☺Demand Guarantee is subject to the URDG excluded article X,
Counter Guarantee is subject to the URDG excluded article X?
☺modifies or excludes?
1
URDG758
Article 1 Application of URDG ➢Where, at the request or with the agreement of the instructing party, a demand guarantee or counter-guarantee is issued subject to the URDG, the instructing party is deemed to have accepted the rights and obligations expressly ascribed to it in these rules.
Principal
Instructing PartyAp Nhomakorabealicant
Beneficiary
Counter Guarantor
Guarantor
☺Can guarantor issue a guarantee acting for its own account?
4
URDG758
Article 2 Definitions ➢Presentation means the delivery of a document under a guarantee to the guarantor or the document so delivered. It includes a presentation other than for a demand, for example, a presentation for the purpose of triggering the expiry of the guarantee or a variation of its amount. ➢Document means a signed or unsigned record of information, in paper or in electronic form, that is capable of being reproduced in tangible form by the person to whom it is presented. In these rules, a document includes a demand and a supporting statement.