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Vol 23 No 5 May/June 2018

Book of the Month

Cover of Drafting Commercial Agreements

Drafting Commercial Agreements

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Demand Guarantees: Operation, Enforcement and the Autonomy Principle

ISBN13: 9780409341324
Published: July 2015
Publisher: LexisNexis Australia
Country of Publication: Australia
Format: Paperback
Price: £68.00

In stock.

Drawing upon the contractual doctrine of freedom of contract and public policy reasons justifying the judicial intervention in the enforcement of demand guarantees, this book considers the extent to which judicial intervention, through exceptions to the principle of autonomy, can be recognised and justified.

The author provides a comparative examination of the relevant legal position in Australia, the United Kingdom, Singapore, Malaysia, India and Sri Lanka, with detailed analysis of the extracts from leading cases and the International Chamber of Commerce Uniform Rules for Demand Guarantees (URDG 758).

It provides an ideal resource for practitioners and students in the field of international trade law or construction contracts.

The key topics covered include:

  • the principle of autonomy
  • the fraud exception
  • the unconscionability exception
  • interim injunctions
  • justifications for judicial intervention

International Trade, Other Jurisdictions , Australia
Chapter 1 Introduction
Chapter 2 Fraud
Chapter 3 Unconscionable Conduct
Chapter 4 Interim Injunctions
Chapter 5 Justifications for Judicial Intervention