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refusing a document under court injunction

Posted: Thu Mar 05, 2009 11:31 pm
by jabra
deal all,

if there is a court injunction on a letter of credit transaction and if a presentation has been made after the date of the injunction, do i require to refuse the document as per article 16 of UCP?

no

Posted: Wed Mar 11, 2009 9:47 pm
by iLC
under the given situation, you are not required to refuse a presentation since the entire letter of credit transaction has been superseded by the local law.

maybe not

Posted: Thu Mar 12, 2009 9:09 am
by Judith
In my opinion, you can only refuse documents under Article 16 of the UCP if there is a valid discrepancy as per terms of the LC / UCP. If there is a court injunction, it may be prudent to inform the presenter that no payment will be made. Nonetheless, it may be a good idea to check the documents and if there is a discrepancy, refuse documents under Article 16. This way, the issuing bank is protected both under local law and UCP.