Demand guarantees are crucial instruments in international trade, providing security and assurance to beneficiaries. However, the intricacies of these instruments can sometimes lead to discrepancies and non-compliant demands, causing delays and potential disputes. Fortunately, the International Standard Demand Guarantee Practice (ISDGP) provides clear guidelines on how to rectify such situations. Understanding Non-Compliance A demand is deemed non-compliant when it fails to adhere to the specific terms and conditions outlined in the guarantee. This could range from simple errors in documentation to more substantial deviations from the agreed requirements. When a guarantor identifies a non-compliant demand, they must reject it, triggering a process for potential correction. The Beneficiary's Right to Correct Crucially, the ISDGP acknowledges the beneficiary's right to rectify non-compliance. Even if the guarantee explicitly excludes Article 17(b), the beneficiary is still permit...
Letters of credit (LCs) are a cornerstone of international trade, providing a secure payment mechanism for both buyers and sellers. But a seemingly simple element – the description of goods – can become a minefield, leading to discrepancies, delays, and even refused payments. The key lies in finding the delicate balance between clarity and conciseness. Why Does the Goods Description Matter? The description of the goods in an LC directly impacts the documents the seller (beneficiary) presents. Banks examine these documents strictly against the LC terms. If the description doesn't match precisely, discrepancies arise, potentially jeopardizing payment. The Temptation of Over-Detailing Buyers, understandably, want to ensure they receive exactly what they ordered. This often leads to excessively detailed descriptions within the LC. Imagine a description like: "2,530 SETS 'NEW YORK' BRAND DINNER SERVICES AT USD60.00 PER SET (EACH SET CONSISTING OF 5 X DINNER PLATES...