THE INTERNATIONAL COMMERCE & LAW REVIEW (무역상무연구)
- Volume 36
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- Pages.29-46
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- 2007
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- 1229-2036(pISSN)
Interpretation of 3rd Party's Fraud Exception Rule Under Law of Letters of Credit
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Abstract
The fraud exception rule allows for the issuing bank to dishonor the claim if it the documents and transactions bear fraud though the documents presented are complied with the terms and conditions of the letter of credit. A question arises whether the fraud exception rule can apply to innocent beneficiary when fraud is made by 3rd party. United City Merchants v. Royal Bank of Canada showed a good example how to handle in case of innocent beneficiary. At this case House of Lord found that innocent beneficiary deserves payment applying nullity exception rule. I believe that the nullity exception rule is employed for the benefit of innocent beneficiary as far as the issuer and applicant get no actual damage by the 3rd party's fraudulent action which is shown on documents.
Keywords
- Independence Principle;
- Strict Compliance Principle;
- Fraud Exception Rule;
- 3rd Party Fraud;
- Back Dated Bill of Lading;
- Nullity Exception Rule;
- United City Merchants v. Royal Bank of Canada