URDG 758 – Guarantees, Bonds & Standbys in International Trade

Program description & objectives

The arrival of the new Uniform Rules for Demand Guarantees (URDG 758) makes this course more than just a pre-requisite for all employees involved in the use of guarantees in international trade and project finance structures. While the use of international guarantees, bonds and standbys has proliferated in recent years, documentation errors, fraud, and unfair calling have made guarantees a legal minefield and subject to more court proceedings than any other financial instrument. This highly resourced course will highlight the areas of potential risks in the subject matter and teach effective documentation techniques. Delegates would be taken through the analysis of the legal issues that exist in bonds and guarantees. An explanation of the products and their uses would also be provided. At the end of this program, it is expected that delegates would have improved their knowledge of: - The responsibilities and legal relationships of the various parties - The comparative merits and drawbacks of standby and demand guarantees - When courts will intervene to prevent payment of guarantees - How to avoid operational problems - How to avoid problems of applicable law - How big-ticket guarantees are syndicated - The benefits and drawbacks of using the new uniform rules for demand guarantees (URDG 758)

Venues, Dates & Cost

VenuesDublinLondonDubaiEdmonton (CAN)Lagos/Abuja
DatesTBDTBDTBDTBDTBD
Cost$3,900 per participant (USD)(=N=)

For Whom

  • Bankers with responsibility for trade finance
  • Bankers with responsibility for guarantees
  • Banks’ in-house legal counsels
  • Lawyers with clients in international banking, commodity trading, and construction
  • Executives responsible for monitoring and controlling guarantee risk
  • Executives responsible for negotiating construction of supply/installation contracts

Snapshot of course content

  • Introduction: The Role of Guarantees In International Trade
    • The nature of risk in international trade
    • Commercial, credit and political risk
    • Payment and performance obligations
    • The role of guarantees in risk allocation
  • Guarantees & Related Instruments
    • Guarantees proper
    • Contracts of surety
    • Indemnities
    • Corporate guarantees
    • Letters of comfort
    • Workshop: Identifying the Nature of the Undertaking
  • Legal Analysis and Terminology
    • Primary and secondary obligations
    • Formal requirements of guarantees
    • Consideration and cause
    • The origin of ‘bonds’
    • Co-extensiveness of obligations
    • Subrogation
    • The rule in Holme v Brunskill
    • Workshop: Practical Importance of Distinction between Obligations
  • Banker’s Autonomous Undertakings
    • The origin of autonomous undertakings
    • Autonomy and conditionality
    • Irrevocability
    • Indirect guarantees and counter-guarantees
    • Case Study: IE Contractors v. I.A.E.
    • Case Study: Bonding Structures in International Construction Contracts
  • Bid and Tender Bonds & Performance Bonds
    • Advance Payment Guarantees
    • Retention Money Bonds
    • Performance Bonds
    • Maintenance and Warranty Bonds
  • Morning Demand Guarantees: Obvious and Hidden Risks
    • Guarantees and the allocation of risk
    • Obvious and hidden risks of using demand guarantees
    • Political risk: sanctions and embargos
    • Case Study: Shanning International Ltd v Rasheed Bank
    • Unfair calling and ineffective expiry dates
  • The Uniform Rules for Demand Guarantees 2010 (URDG 758)
    • Background and history
    • Main changes in URDG 758
    • Relationships and terminology
    • Amendments and variation of guarantee amount
    • Presentation of demand & time for examination
    • Force majeure closure
  • Afternoon Standby Letters of Credit
    • The origins, nature, and use of standby letters of credit
    • Comparison with demand guarantees
    • Standby LCs as payment mechanisms and counter-guarantees
    • Case Study: Development of Standby LCs in Oil Trade
    • Workshop: Hybrid Indirect Guarantees
  • The International Standby Practices (ISP98)
    • Scope and Application
    • Relationships and Terminology
    • Irrevocability and Effectiveness
    • Documentary compliance and amendments
    • Transfer and insolvency
    • Assignment of proceeds
  • Court Intervention: Common Law & Civil Law Jurisdictions
    • Autonomy and the fraud exception
    • Standard of proof of fraud for an injunction
    • Balance of convenience test
    • Civil law perspectives: abuse of right and manifestly abusive calling
    • Case Studies: Russian Steel Case, Olex Focas
  • Applicable Law in Indirect Guarantees
    • Conflict of laws in international trade transactions
    • The EC Convention on the Law Applicable to Contractual Obligations
    • EU Rome 1 Regulation
    • Jurisdiction under the EU Brussels & Lugano Conventions
    • Case Study: Chailease v Credit Agricole Indo-Suez