Global Traders Ltd., an Indian importing company based in Delhi, enters into a contract with Asia Tech Electronics, a South Korean exporter, for the import of electronic components worth USD 500,000. Since the two compan

CS Professional · Drafting, Pleadings and Appearances · PYQS · June 2025
Global Traders Ltd., an Indian importing company based in Delhi, enters into a contract with Asia Tech Electronics, a South Korean exporter, for the import of electronic components worth USD 500,000. Since the two companies are engaging in business for the first time and are unfamiliar with each other, Asia Tech Electronics insists on a secure mode of payment to mitigate the risk of non-payment after dispatching the goods. To address this concern, Global Traders Ltd. approaches Secure Bank India to issue a Letter of Credit (LC) in favor of Asia Tech Electronics. Secure Bank India issues an irrevocable, confirmed, standby revolving LC, naming Korea Trust Bank, located in Seoul, as the advising and confirming bank. The LC specifies that payment will be made upon submission of the following documents : A bill of lading evidencing shipment of the goods from Seoul to Mumbai. Commercial invoice specifying the details of the goods shipped. Insurance certificate covering the shipped goods. Certificate of origin confirming that the goods are manufactured in South Korea. Asia Tech Electronics ships the goods and submits the required documents to Korea Trust Bank. However, upon inspection, Korea Trust Bank notices that the insurance certificate submitted only covers 80% of the shipment value, whereas the LC required insurance coverage for 100% of the shipment value. Additionally, the bill of lading is dated two days after the last permissible shipment date mentioned in the LC. In view of the above facts, answer the following questions: Suppose Korea Trust Bank refuses payment due to the discrepancies, but Secure Bank India agrees to honor the LC despite them, discuss whether Secure Bank India is obligated to pay Asia Tech Electronics under the terms of the LC.

Answer & Explanation:

Obligation of Secure Bank India despite Discrepancies is as follows: Discrepancies allow the confirming bank to refuse payment. However, Secure Bank India may still honor the Letter of Credit (LC) if Global Traders Ltd. consents. The official of the company should ensure that the Board approval is obtained for any waivers, protecting the company's interests and avoiding disputes. Therefore, Secure Bank India may pay despite discrepancies, if: Asia Tech agrees to accept the waiver; Secure Bank communicates the waiver decision clearly to Korea Trust Bank and the exporter.

Topics: International Trade Law

Open in Interactive Practice Hub · Full Practice Hub · Chapter Weightage · More in this subject

Related Questions in this Topic