header-logo header-logo

09 June 2017
Issue: 7749 / Categories: Case law , Law digest
printer mail-detail

Bank

Deutsche Bank AG, London Branch v CIMB Bank Berhad [2017] EWHC 1264 (Comm), [2017] All ER (D) 171 (May)

The Commercial Court ruled on a dispute between the claimant bank (Deutsche, the confirming bank), and the defendant bank (CIMB—the issuing bank), concerning Deutsche’s claim for reimbursement of sums it had allegedly paid to a company (as beneficiary), under letters of credit issued by CIMB.

Deutsche had argued that the issuing bank, under a letter of credit, had to accept, on its face, a statement by the confirming bank that it had paid the beneficiary under letters of credit, and that CIMB had no right to request further information in respect of that payment.

The court held that, on the true construction of Art 7(c) of the Uniform Customs & Practice for Documentary Credits (UCP 600), read with the definition of ‘honour’ in Art 2 of UCP 600, an issuing bank’s undertaking to reimburse a confirming bank arose where the confirming bank had honoured a complying presentation by making payment under the credit.

It further held that, in circumstances where

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

NLJ Career Profile: Maryam Syed KC, Church Court Chambers

NLJ Career Profile: Maryam Syed KC, Church Court Chambers

From childhood dreams of the Bar to some of the country's most challenging cases, Maryam Syed KC explains why she has never stopped standing up for others

DAC Beachcroft—Richard Breavington, Rachel Ford & Daniel Guilfoyle

DAC Beachcroft—Richard Breavington, Rachel Ford & Daniel Guilfoyle

DAC Beachcroft significantly expands Cyber team, hiring three Cyber partners

Browne Jacobson—Professor Clive Kay

Browne Jacobson—Professor Clive Kay

Browne Jacobson appoints senior healthcare leader Professor Clive Kay as strategic adviser

NEWS
Should every solicitor found to have acted dishonestly face automatic striking off? The answer, argues John Gould, chair of Russell-Cooke LLP in NLJ this week, is no 
Winning an arbitral award against a state is one thing; enforcing it is another
Can government success in court tell us whether the rule of law is healthy? 
Poorly drafted dispute resolution clauses can trigger litigation before the real dispute is even addressed
As cryptocurrency becomes mainstream, family lawyers are increasingly confronting the challenges it creates on divorce
back-to-top-scroll