International business transactions



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OUTLINE International Business Transactions

party autonomy dominates

  • UCC 5-116(b) says if there is no law chosen, law of jurisdiction in which bank is located governs that bank’s promise under the L/C

    • bank’s location is considered to be located at address indicated in L/C  so bank basically gets to chose law bc it can choose what letterhead it puts the L/C on

    • for purposes of choice of law, each branch is considered to be independent bank

  • UCC 5-116(c) says if L/C expressly made subject to UCP, then UCP governs. If there is conflict between UCP and UCC, UCP governs except to extent of any conflict with the non-variable provisions in 5-103(c).

  • UCC 5-116(e) says party autonomy governs forum choice as well



    THE BASIC PRINCIPLES

    • Independence Principle

      • L/C contract is in no way involved in or connected with, other than presentation of the documents, the contract for the purchase and sale of the goods  Independent promise by issuing bank to beneficiary


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