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Chinese law is very complex and Chinese documentary credit law even more so, not only for practitioners outside China.
This book sheds light on Chinese law on letters of credit and how LC disputes are resolved in Chinese courts. It covers critical issues such as:
- Conformity of China’s LC system with international practices, i.e. ISBP
- Consolidation of disputes concerning LCs and underlying practices
- Statutory limitations of action
- Recovery for damages
- Reasonable legal fees
The author, a renowned expert in the field, has been involved in the drafting of the LC Judicial Interpretations by the Supreme People’s Court of China during the eight-year drafting period. He has more than fifteen years of practice and given more than one hundred lectures and trainings in China and around the world. This publication is also based on 500 plus decided court cases.
This handbook is invaluable for anyone doing export/import transactions with China. Detailed comments, in-depth explanations and critical analyses enable trade finance practitioners to better understand the L/C system and related judicial interpretations in China. It is a must-read for business lawyers and LC practitioners dealing with Chinese business partners.
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|16.0 x 23.8
CHAPTER ONE: SIGNIFICANCE OF THE LC JUDICIAL INTERPRETATIONS
1.1 China’s First Statute on Letters of Credit
1.2 Conformity of China’s LC System to International Practices, such as International Standard Banking Practice
1.3 Standardization of Chinese Court Adjudication of LC Disputes
1.4 Standardization of Procedural and Substantial Issues related to LC Fraud and Payment Suspensions
CHAPTER TWO: CAUSES FOR THE DRAFTING OF THE LC JUDICIAL INTERPRETATIONS AND REVISIONS OF THE DRAFTS
2.1 The Chaos of Ungrounded LC Suspension Orders Issued by Chinese Courts during 1994 to 1997
2.2 The Report Submitted by the People’s Bank of China to the Political and Legislative Affairs Central Committee of the Communist Party of China (CPC) in 1998
2.3 The 1999 Seminar Held by the Supreme People’s Court in Fuzhou City Fujian Province
2.4 The Supreme People’s Courts First Draft of the Judicial Interpretations Specifically on LC Fraud and Suspension of Payment
2.5 The Second Draft by Judge Gao Xiang of the Supreme People’s Court
2.6 Drafting of the Third Draft Presided over by Judge Wang Yun of the Supreme People’s Court
2.7 Exposure Draft Published by the Supreme People’s Court
2.8 The Final Official Version Passed by the Judicial Committee of the Supreme People’s Court
CHAPTER THREE: ARTICLE-BY-ARTICLE COMMENTS ON THE LC JUDICIAL INTERPRETATIONS
CHAPTER FOUR: ISSUES LACKING OR UNRESOLVED IN THE LC JUDICIAL INTERPRETATIONS AND THE OUTLOOK
Mr Jin Saibo received a PhD in international law and an LLM from the School of Law, at China University of International Business and Economics. He is the adjunct graduates’ mentor of the Law School, Tsinghua University, and gives lectures on International Standard Banking Practice. He is also an adjunct professor at the Institute of International Maritime Law, East China University of Politics and Law.
In September 2000, Mr Jin accepted an invitation from the James E. Rogers College of Law of the University of Arizona and took part in the research programme on the drafting of international standard banking practice for ICC as a visiting scholar. Currently, Mr Jin is the Vice Chairman of the Financial Securities Commission of the All China Lawyers Association (ACLA), Vice Chairman of the Special Arbitration Commission on Financing Disputes of the China International Economic and Trade Arbitration Commission (CIETAC), Arbitrator, assisting in the drafting and revision of the Arbitration Rules on Financial Disputes, Deputy Director of the Research Center of Banking Law & Practices of Shanghai Law Society (SBL&P), Deputy Director of the East Asia Committee of the Institute of International Banking Law & Practice (IIBLP), where he also acts as a member of the editorial board, and a member of the Council on International Standby Practices (CISP).
Mr Jin has also been invited on several occasions to attend the drafting discussions of the PRC Supreme Court on modifying the draft Provisions on Some Issues Concerning the Trial of Cases of Disputes over Letters of Credit. He has often been invited to give lectures on LC-related cases to PRC judges from the Supreme Court, Beijing High Court, Shanghai High Court, Tianjin High Court, Guangdong High Court, Zhejiang High Court and Inner Mongolia High Court. He was also invited by Fujian Province High Court, Jiangsu Province High Court and Shanxi Province High Court to provide expert opinions on Trade Finance Disputes on Letters of Credit or Demand Guarantees. From 2000 to 2011, Mr Jin gave countless presentations to bankers, lawyers, traders and law school students on such topics as UCP, URDG, ISP98, Risk Management on Trade Finance, PRC Court Case Analysis of LCs and Independent Bank Guarantees, PRC Surety Law and Case Analysis, both in China and abroad. The lectures were delivered in Chinese or English.
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