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Refund Guarantees

Refund Guarantees

  • 作者:
  • 出版商: Informa Publishing
  • ISBN: 9780415833677
  • 出版时间 April 2015
  • 规格: Hardback , 201 pages
  • 适应领域: U.K. ? 免责申明:
    Countri(es) stated herein are used as reference only

List Price: ¥3,022.50

¥2,931.83 Save ¥90.68 (3%)

发货时间:大约 4 weeks
Extra 2-10 working days if shipping address outside Hong Kong
Free delivery Hong Kong?
Hong Kong: free delivery (order over HKD 1000)
  • 描述 
  • 大纲 
  • 作者 
  • 详细

    A refund guarantee is an essential component of almost every shipbuilding project, without which the buyer will be unwilling or unable to proceed.

    There is no standard form of refund guarantee in universal usage, and both the form and substance of refund guarantee instruments vary widely from case to case. The ambiguity or uncertainty of the meaning of refund guarantee instruments, against a backdrop of a sharp downturn in the shipping markets, has led to numerous disputes in recent years concerning refund guarantees, which have been the subject of a number of important decisions of the English Courts.

    This is the first English law text book dedicated to the subject of refund guarantees. It provides essential guidance as to the issues arising and the pitfalls to be avoided. It analyses the specimen form of guarantee annexed to Bimco’s NEWBUILDCON form, and covers topics such as the circumstances in which the liability of the guarantor may be discharged, and when a builder may be entitled to obtain an injunction to restrain payment under a refund guarantee.

    It will be an essential and practical guide for those engaged in the shipbuilding industry, including shipbuilders, shipowners, banks and insurance companies, P&I clubs, and those advising them.

  • Introduction
    Definitions and characteristics
    Contractual and statutory requirements
    Construction
    Aids to construction of demand instruments and guarantees
    Presumption against the imposition of primary liability
    Authority of signatory
    Local approvals
    The BIMCO NEWBUILDCON – Standard Newbuilding Contract – Part II, Annex A (iii) Refund Guarantee
    Introduction
    Clause 1 Definitions
    Clause 2 Guarantor’s Obligation
    Clause 3 Indulgence, delay, amendment or variation
    Clause 4 Duration
    Clause 5 Dispute
    Clause 6 No counterclaim or set-off
    Clause 7 Currency
    Clause 8 Assignment
    Clause 9 Governing law and jurisdiction
    Clause 10 Notices
    Clause 11 Immunity
    Clause 12 - 14 Approvals and authorisations
    Guarantees issued on behalf of the buyer
    Guarantees issued on behalf of the builder
    Parent guarantees and letters of comfort
    Assignment and novation
    Material variation of the underlying contract
    Anti-discharge provisions
    Discharge of the surety
    Vitiating elements in the contract of suretyship
    Making demand
    Restraining payment
    Enforceability of an English Court judgment / London arbitration award

  • Mark Davis is the author of Bareboat Charters, and has over 25 years’ experience as a solicitor in private practice specialising in shipping law.

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