Documents Presented Before Force Majeur But Not Paid

[hachem]

Dear expert,

A complying presentation was made to the confirming bank but not paid yet due to a force majeur. After the resuption of its business shall the confirming bank pay the benenficiary or not. More precisely, the documents were presented to the confirming bank before the force majeur begining.

Regards
H Jallouli

[Anurag]

as per article 8a(ii) & article 8 b confirming bank must effect the payment to beneficiary without recourse as per credit payment terms.

Cud u pl confirm details of force majure incurred? in this case article 36 will be applicable.

[hachem]

Hi,

I mean tha the document are received by the IB, the CB if any or the NB acting on its nomination, before the Force Majeure Begining but not paid due to the Force Majeure. I have my response on this topic. In fact, only document presented before the force majeure, and the period of five banking days has been elapsed before the force majeure too, but not honoured or negotiated, will honour or negotiate after the resumption the business. Otherwise, even if a complying presentation has occured bofore the force majeure, but the Force Majeure begins before the period of five days after the presentation of the documents, bank will not honour or negotiate the document. The second paragraph of art.36 of UCP 600 applies in this case.

Any comments
Regards
H Jallouli