Title: Documentary credit and fraud: the approach of the English and Jordanian Court
Authors: Ahmed Adnan Al-Nuemat
Addresses: Al-Balqa Applied University, P.O. Box 69, Amman, 11821, Jordan
Abstract: This article shall attempt to cover the subject of the principle of autonomy and the fraud exception rule from all legal angles. An attempt will also be made to analyse any legal principles with reference to documentary credit fraud. Included will be how laws and rules have been applied in previous case studies of fraud involving documentary credit contracts. Both the English and Jordanian justice system and courts will be analysed and examined to uncover any comparative scientific issues and how they may be overcome. Lastly, as there are few cases to study and compare within the Jordanian justice system, and as there are no relevant authorities to discuss the subject with, the case studies from English judiciary have been utilised to assist in the construction of this article.
Keywords: documentary credits; common law; Jordanian courts; Jordan; English courts; England; UK; United Kingdom; autonomy; fraud exception rule; legal principles; laws; legal rules; contracts; justice systems; Chester Sztejn; Henry Schroder Banking Corporation; USA; United States; United City Merchants; Montrod; Grundkotter Fleischvertriebs; Royal Bank of Canada; Vitrorefueros; Banco Continental; liability; scientific enquiry.
DOI: 10.1504/IJLSE.2011.044089
International Journal of Liability and Scientific Enquiry, 2011 Vol.4 No.4, pp.358 - 370
Published online: 29 Nov 2014 *
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