i am seeking case law on article 14 (g) regarding presentation of additional documents

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hamidall
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i am seeking case law on article 14 (g) regarding presentation of additional documents

Post by hamidall » Wed Feb 27, 2019 6:16 am

dear sirs
my client, bank A, rejected beneficiary's document because of the fact that credit requires a bill of lading while beneficiary submitted a charter party. I need case law to strengthen my reasoning. if you know related cases in particular in docdex decisions or icc banking commission opinion, tell me plz.

cristiand969
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Re: i am seeking case law on article 14 (g) regarding presentation of additional documents

Post by cristiand969 » Thu Feb 28, 2019 8:49 pm

There is no need for a case law. Assuming that the credit is subject to UCP600, you may want to revise art 20 regarding bill of lading clauses:

a. A bill of lading, however named, must appear to:
.....
vi. contain no indication that it is subject to a charter party.
.
Art 14 applies for documents which does not have express provisions (dedicated articles) for them.
.
Case closed (and lost .. from UCP600 perspective)

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