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International Trade and Carriage of Goods


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CHAPTER 12

Do I want my documents back? A documentary credit dilemma

Do I want my documents back? A documentary credit dilemma

Stuart Shepherd
1

12.1 Introduction

The background to this paper is a judgment handed down by the Court of Appeal in October 2014 in the case of The Erin Schulte. 2 The case raises and deals with a number of issues which arise in the not-uncommon situation where a bank wrongly rejects (that is dishonours) a valid presentation under a letter of credit (LC). In particular, the case -

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