• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.21
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• pp.73-97
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• 2003

In this paper, I examined the trends of standardization and electronization of trade documents and SWIFT network. Also, I reviewed on emerging electronic documentary credit for electronic payment and electronic presentation of documents. New international trade customs and practices are being established and changed as a result of the growth of the Internet and other on-line networks. At the same time there is increasing pressure to move from existing paper-based documentary credit to electronic documentary credit. Several projects devoted to development of an electronic letter of credit infrastructure have recently been proposed such as Bolero, SWIFTNet, UNeDocs and eUCP, etc. Yet, little can be done until the presentation process is electrified between traders and banks. Also, interbank communication of letters of credit has long been electronic, mainly through the SWIFT. However, it is not functioned between applicant and beneficiary, although the solution of SWIFTNet has recently been developed. The Banking Commission of International Chamber of Commerce established a working group consisting of experts in the related fields to prepare the appropriate rules as a Supplement to UCP 500 for Electronic Presentation: eUCP. The eUCP will provide the necessary rules for the presentation of the electronic equivalents of paper documents under letters of credit. Some problems of electronic presentation under the eUCP, exist such as format, presentation of electronic records and the way of beneficiary's notice for completeness under the Article e5 if more than one record is to be presented electronically by third parties. Therefore, it is encouraged to provide more detailed guide for eUCP Article e5.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.12
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• pp.405-427
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• 1999

Although Uniform Customs and practice for Documentary(UCP) is not a law, it applies to most documentary credits and is binding on all parties unless otherwise expressly stipulated. Besides, Uniform Commercial Code(UCC) Article 5 was codified by the United States and was adopted by every state. Moreover, the New York version of the UCC Article 5-102(4) specifically providing that the UCC does not apply to letters of credit where the parties agree to be governed by the UCP. Identical nonuniform Articles were latter added in Alabama, Arizona, and Missouri. The fact that courts in forty-six of the fifty states are bound by Article 5. Until now, Article 5 of the UCC has probably had an impact on the decisions in New York and the New York common law. Therefore, I examined a few issues on application between Article 5 of the UCC and the UCP. First, although the UCP attempt to introduce a new for examination of document by incorporating "standard practice of financial institutions" and "international banking practice", the standards for documentary compliance are not clear. The UCC attempt to rely on the matter of interpretation for the court, but the UCP would probably be interested in examining in about bank's internal practices as reflected in UCP Articles. Second, the rule for nondocumentary conditions is a useful for stand-by credit transactions under the UCC, but these conditions would probably put the bank in an even worse position in case of documentary credit transactions under the UCP. Third, the UCP does not contain any provision governing the fraud exception, but the UCC codified the fraud and forgery rules developed through American case law. Fourth, the UCP treats the issue of transfer in much more detail than the UCC does. In contract, the UCP's treatment of assignment of proceeds is brief. Finally, I suggest that the fraud exception rules should be prescribed in the UCP in order to protect the issuing bank and the applicant when an unscrupulous party attempts to defraud.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.13
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• pp.581-603
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• 2000

Beneficiary must present all documents stipulated in the Credit. If the documents conform in all respects with the terms and conditions of the Credit, beneficiary has a right to payment from an issuing or confirming bank. And banks must examine all documents presented by beneficiary for taking up the documents. If the documents appear on their face not to be in compliance with the terms and conditions of the Credit, banks may refuse to take up the documents. But standard for compliant documents with the terms and conditions of the Credit in the UCP or Section 5 of UCC is unclear. Because UCP Article 13(a) provides merely that banks must examine all documents stipulated in the Credit ${\cdots}$ to ascertain whether or not they appear, on their face, to be compliance with the terms and conditions of the Credit. ${\cdots}$ Documents which appear on their face to be inconsistent with one another will be considered as not appearing on their face to be in compliance with the terms and conditions of the Credit. Also UCC Section 5-108(a) provides merely that. ${\cdots}$ an issuer shall honor a presentation that, ${\cdots}$ appears on its face strictly to comply with the terms and conditions of the letter of credit. All problems are not resolve with easy by these regulations. Accordingly, I examined requirements for compliant documents with the terms and conditions of the Credit on the basis of the UCP and cases. To analyse this, I divided into three requirements ; (1) Completeness, (2) Regularity, (3) Linkage.

• East Asian Journal of Business Economics (EAJBE)
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• v.11 no.4
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• pp.29-39
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• 2023

Purpose - Disputes arising from documentary letter of credit transactions are not decreasing. According to a statistical data from the ICC, 60-70% of letters of credit in use around the world, so, Incoterms rule specifically defines the bill of lading review procedure. Research design, data, and methodology - The refusal due to large or small inconsistencies in terms and conditions when first presenting documents with bill of lading. First of all, confusion was caused by the ambiguous regulation as the bill of lading is a document that serves as evidence of the transportation contract. Result - Bill of lading indicates the rights to the cargo as well as a bill of lading, which is evidence of a transportation contract concluded between carriers, is a document that allows a carrier to receive or ship cargo and ship it by sea. It is a security that promises to be delivered through transportation to the rightful holder of the bill of lading. Conclusion - Because of its importance, the Uniform customs practices for Letters of Credit stipulate acceptance requirements for transport documents, including bills of lading. In addition, the International Standard Banking Practices (ISBP) established by the International Chamber of Commerce also provide supplementary provisions.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.11
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• pp.337-360
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• 1998

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.22
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• pp.107-135
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• 2004

The International Standard Banking Practice for the Examination of Documents under Documentary Letters of Credit (ISBP) is the product by the ICC Banking Commission, October 2002. The ISBP is a practical complement to UCP 500, ICC's universally used rules on documentary credits. It explains, in explicit detail, how the rules are to be applied on a day-to-day basis. It fills a needed gap between the general principles announced in the rules and the daily work of the documentary credit practitioner. By using the ISBP, document checkers can bring their practices in line with those followed by their colleagues worldwide. The result should be a significant reduction in the number of documents refused for discrepancies on first presentation. We are convinced that the benefits of the ISBP will not only be of high importance for users of UCP 500, but also that the practices in the ISBP will survive a UCP revision, or will even be included in the next version of the rule (so call "UCP 600"). Though the above-mentioned benefits of the ISBP, there are several troublesome topics that will probably have to wait for a new UCP revision. It will be a challenge for the drafters of a future UCP to find solutions that will further clarify these points.

• Journal of Arbitration Studies
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• v.14 no.1
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• pp.29-60
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• 2004

Recently stand-by credits are using as surety devices in various global business transactions including sale of goods. Stand-by credits have lots of merits but simultaneously have high possibility of improper demand by the beneficiary due to the characteristics of the documents required. So so-called fraud rule has developed as a solution to the improper demand in letter of credit transactions. And the actual way of the fraud rule is the injunction by the competent court. The purpose of this article is to examine the applicability of the injunction in stand-by credit transactions by means of case studies. For this purpose, the author examined the concept of the injunction, necessity of the injunction in stand-by credit transactions and the cases of injunction granted and injunction denied. Firstly, the courts have legal standard of the application of injunction due to the legislation of the relative articles in the United Nations Convention on Independent Guarantees and Stand-by Letters of Credit and the Uniform Commercial Code. Secondly, the courts have taken a negative attitude granting injunction in order to observe the independence principle. Thirdly, the courts have a tendency to grant injunction when the demand has no conceivable basis and the applicant will suffer irreparable injury without injunction. Finally, like the saying 'prevention is the best cure', the applicant always pays attention with reasonable care before improper demand by the beneficiary.

• The Journal of Information Technology
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• v.5 no.3
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• pp.197-214
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• 2002

Electronic Commerce has already existed for over 20 years. The Bolero project initially had the support of TEDIS, and now is jointly financed by SWIFT(Society for World International Financial Telecommunications) which handles most of the electronic funds transfer for banks, and the Through Transport Mutual Assurance Association(the TT Club), a mutual insurance association most of whose members are drawn from the Multimodal transport industry or transport intermediaries. Bolero's mission is to provide guaranteed and secure delivery, in electronic form, of trade documentation, globally, based on a binding legal environment and common procedures, Bolero will also provide a platform for provision of neutral cross-industry services. TradeCard is a payment and settlement system that is an alternative to letters of credit. That is, TradeCard is a business-to-business e-commerce infrastructure that enables buyers and sellers to conduct and settle international trade transactions securely over the Internet. Paperless, payment-guaranteed international trade transactions - which eliminate the traditional letters of credit with electronic certifications - are widely considered the most difficult B2B transactions to conduct.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.18
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• pp.65-104
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• 2002

With the current evolution from paper to electronic records the documentary credit market has been looking to ICC to provide guidance in this transition. To allow bankers and traders to familiarize themselves with this trend, eUCP has come into force from April 1st 2002. The eUCP provides definitions to allow current UCP terminology to accommodate the presentation of the equivalent of paper documents electronically and to provide necessary rules to allow the UCP and eUCP to work together. It is important to understand that many of the Articles of the UCP are not impacted by the presentation of electronic equivalent of paper documents and do not require any changes to accommodate electronic presentation. When read together the UCP and the eUCP will be broad enough to allow for developing practice in this area. The eUCP is not a revision of the UCP. The UCP will continue to provide the industry with rules for paper letters of credit in conjunction with the eUCP. This study comments that some characteristics of the eUCP have unique properties, such as juncture, envelope, homotheticity functions, and some applicable interpretations including abstraction of letter of credit, notice of completeness, notice of discrepancies and corruption of electronic records.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.38
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• pp.71-96
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• 2008

Letters of Credit are the most common method of payment for goods in the export trade, and banking practice relating to letters of credit is standardised by the Uniform Customs and Practice for Documentary Credits, which are a set of rules issued by the International Chamber of Commerce. The current version is UCP 600, which took effect on July 1, 2007. To assist the practitioners of Documentary Credits, the KCCI(Koea Chamber of Commerce and Industry) authorised a new publication-Official Commentary on UCP 600. This new publication added the word "official" in the title. In order to being an official commentary, the terms and expression should be correct and unified. But there is some problems in official commentary and legal phraseology. The problem was appeared that ICC UCP 600's were translated into Korean UCP 600 version. For example, "Issuing Bank", "Applicant", "Port of discharge", "A date of pick-up", "Shipper's load and count", "Courier Receipt", "Charter Party", "Bill of Lading", "Cover Note", "Exclusion Clause", "Insurance Certificate", "Declaration, Underwriter". If can be used 'Official Commentary on UCP 600', the above statements should be a compliment though take a wide professional opinions or held a public hearings. The Purpose of this paper is to point out the problems and substitute the term used and unify the expression in official commentary.