International business transactions


Stromberg-Carlson Corp. v. Bank Melli Iran



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OUTLINE International Business Transactions
Stromberg-Carlson Corp. v. Bank Melli Iran (S.D.N.Y. 1979) p.381

  • Illustrates the willingness of a court to create a period of time before payment must be made under the standby, to allow the account party the time to make a further showing about fraud allegations

  • “P has established its entitlement to a preliminary injunction under the standard prevailing in this Circuit….there is a serious risk that a fraudulent or non-authentic demand could be issued.”

  • “Although the modest relief requested would require reading a notice requirement into the provisions of the bank guarantee, ‘the fluid and precarious circumstances now prevailing in Iran justify deviation from what would otherwise be a strong reluctance’ to do so.”

  • “In sum, P has raised serious questions going to the merits of the litigation and the balance of hardships tips decidedly in its favor.”


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