By Gary Collyer, Ron Katz
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Extra info for Collected DOCDEX decisions, 2009-2012 : decisions by ICC experts on documentary credits, collections and demand guarantees
This would seem to stretch the scope of paragraph 25 to cover a situation which may not have been intended. If the point were conceded, it could create a precedent, which may prove to have far-reaching and, possibly, undesirable consequences and ramifications. Furthermore, the error here does change the meaning of the sentence. Accordingly, it is difficult to rely on paragraph 25 of ISBP (2007 Revision) in support or justification of the acceptance of the documents in question. Conclusion The Initiator claimed that the error was a typing error and it did not make the documents discrepant.
The Experts have not requested any supplemental documents. 13 (more/less (%) 03/03). The advising bank was the Initiator, and the credit was available with “Any Bank by Negotiation”. 2008 The beneficiary presented the documents to the Initiator. The forwarding schedule from Initiator to Respondent was dated the same day. 2008 Respondent refused the documents stating the following discrepancies: 1. On insurance policy under UCP 600 article 14 vessel name is different with other documents (B/L and invoice).
90 under a documentary credit issued by Bank P (The Respondent). 2008 and includes the wording “UCP LATEST VERSION” in SWIFT field 40E). 2008. It is not clear to the Panel of Experts if the beneficiary has communicated its acceptance of the amendments. However, since the presentation in question complies with the documentary credit and to the amendments, all four amendments are deemed to have been accepted. The presentation was refused by the Respondent. In the case it is noted that a “Stay order” was received from a court of law.
Collected DOCDEX decisions, 2009-2012 : decisions by ICC experts on documentary credits, collections and demand guarantees by Gary Collyer, Ron Katz