The law applicable to documentary letters of credit in India: A riddle wrapped in an enigma?

Khanderia, Saloni (2024) The law applicable to documentary letters of credit in India: A riddle wrapped in an enigma? Journal of Private International Law, 20 (1). pp. 26-67. ISSN 1744-1048

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Abstract

Despite significantly fostering international trade in India, letters of credit and the determination of applicable law in cross-border disputes arising from the same have received negligible attention from lawmakers. The Indian Supreme Court, too, has failed to use its power to mould the law despite regularly being confronted with disputes on this subject. This paper demystifies India’s conflict of law rules on the law governing disputes on letters of credit by examining relevant judicial trends. It highlights rampant references to the lex fori – and explores reasons why it is considered the “proper law” by being the country possessing the closest and most real contractual connection. It anticipates a “ripple effect” prompting parties to evade Indian courts through choice-of-court agreements preferring a foreign forum or to avoid business with Indian traders insisting on such payment mechanisms. Accordingly, it identifies the need for coherent rules and suggests some solutions that Indian lawmakers should consider.

Item Type: Article
Keywords: Letters of credit | Documentary credits | Indian private international law | Proper law of contract | Applicable law | The Uniform Customs and Practice for Documentary Credits
Subjects: Social Sciences and humanities > Social Sciences > Social Sciences (General)
Social Sciences and humanities > Social Sciences > Law and Legal Studies
JGU School/Centre: Jindal Global Law School
Depositing User: Subhajit Bhattacharjee
Date Deposited: 01 Jun 2024 15:55
Last Modified: 01 Jun 2024 15:55
Official URL: https://doi.org/10.1080/17441048.2024.2338623
URI: https://pure.jgu.edu.in/id/eprint/7865

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