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Urdg 758 Full Text .pdf.1417

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Merja Krol

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Dec 8, 2023, 10:42:21 PM12/8/23
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URDG 758 Full Text .pdf.1417: A Comprehensive Guide to the Uniform Rules for Demand Guarantees

If you are involved in international trade or project finance, you may have encountered demand guarantees as a form of payment security. Demand guarantees are written undertakings that oblige the guarantor to pay a specified amount to the beneficiary upon the presentation of a complying demand, without any need to prove default or loss by the applicant. Demand guarantees can protect both parties from various risks, such as non-performance, breach of contract, or insolvency.



urdg 758 full text .pdf.1417

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However, demand guarantees can also pose challenges and uncertainties, as they are subject to different legal systems and practices around the world. To address this issue, the International Chamber of Commerce (ICC) developed the Uniform Rules for Demand Guarantees (URDG) in 1991, which are a set of voluntary rules that aim to harmonize and standardize the terms and conditions of demand guarantees and counter-guarantees.



In 2010, the ICC revised and updated the URDG to reflect the changes and developments in the demand guarantee practice over the years. The new version, known as URDG 758, came into effect on July 1, 2010 and replaced the previous version, URDG 458. URDG 758 covers various aspects of demand guarantees and counter-guarantees, such as their definition, scope, application, issuance, amendment, expiry, presentation, examination, payment, transfer, assignment, and termination.



How to access URDG 758 full text .pdf.1417?

If you want to learn more about URDG 758 and how it applies to demand guarantees and counter-guarantees, you can access the full text of the rules in PDF format from the ICC website. The PDF file contains 1417 words and is available for purchase or download. You can also find other useful resources on URDG 758 from the ICC website, such as publications, articles, webinars, training courses, seminars, workshops, and events.



To access URDG 758 full text .pdf.1417 from the ICC website, you can follow these steps:




Go to

https://library.iccwbo.org/tfb/tfb-iccrules.htm
Scroll down to find URDG 758 under Rules of International Trade
Click on "Buy PDF" or "Download PDF" depending on your preference
Follow the instructions to complete your purchase or download
Enjoy reading URDG 758 full text .pdf.1417


What are the main features and benefits of URDG 758?

URDG 758 offers many features and benefits for both guarantors and beneficiaries of demand guarantees and counter-guarantees. Some of these features and benefits are:




URDG 758 provides a clear and comprehensive framework for the rights and obligations of each party to a demand guarantee or counter-guarantee, reducing the risk of ambiguity and misunderstanding.
URDG 758 establishes a uniform and predictable practice for demand guarantees and counter-guarantees across different jurisdictions, facilitating cross-border transactions and enhancing legal certainty.
URDG 758 promotes fairness and balance between the interests of guarantors and beneficiaries, ensuring that neither party is unduly disadvantaged or favored by the terms and conditions of the demand guarantee or counter-guarantee.
URDG 758 encourages good faith and transparency in the use of demand guarantees and counter-guarantees, preventing fraud and abuse by setting strict standards for complying presentations and examinations.
URDG 758 simplifies and streamlines the process of issuing, amending, presenting, paying, transferring, assigning, and terminating demand guarantees and counter-guarantees, saving time and costs for the parties involved.


We hope this article has given you some useful information on URDG 758 full text .pdf.1417. If you have any questions or comments on this topic, please feel free to contact us.







How to use URDG 758 for demand guarantees and counter-guarantees?

If you want to use URDG 758 for demand guarantees and counter-guarantees, you need to indicate this clearly in the text of the instrument. For example, you can use the following wording:



"This demand guarantee/counter-guarantee is subject to the Uniform Rules for Demand Guarantees (URDG) 2010 Revision, ICC Publication No. 758."



By using this wording, you agree to be bound by the terms and conditions of URDG 758, unless you modify or exclude them in the instrument. You also agree to follow the international standard demand guarantee practice as defined by URDG 758.



URDG 758 applies to any demand guarantee or counter-guarantee that expressly indicates it is subject to them, regardless of the type, form, or language of the instrument. URDG 758 also applies to electronic documents, as long as they are authenticated and comply with the rules.



What are some examples of demand guarantees and counter-guarantees under URDG 758?

Demand guarantees and counter-guarantees under URDG 758 can be used for various purposes and situations in international trade and project finance. Some examples are:




A bid bond: A demand guarantee that secures the bidder's obligation to enter into a contract if awarded the tender.
A performance bond: A demand guarantee that secures the contractor's obligation to perform the contract according to the specifications and terms.
An advance payment bond: A demand guarantee that secures the repayment of an advance payment made by the employer to the contractor.
A retention bond: A demand guarantee that secures the release of a retention amount withheld by the employer from the contractor until the completion of the contract.
A warranty bond: A demand guarantee that secures the contractor's obligation to remedy any defects or faults in the work after the completion of the contract.
A payment bond: A demand guarantee that secures the payment of a specified amount by the applicant to the beneficiary.
A counter-guarantee: A demand guarantee that secures the payment of a complying demand under another demand guarantee or counter-guarantee issued by another party.


We hope this article has given you some useful information on URDG 758 full text .pdf.1417. If you have any questions or comments on this topic, please feel free to contact us.



How to make a complying presentation under URDG 758?

If you are a beneficiary of a demand guarantee or counter-guarantee under URDG 758, you need to make a complying presentation in order to receive payment from the guarantor or counter-guarantor. A complying presentation means a presentation that meets the following requirements:




It is made at the place and within the time specified in the instrument.
It consists of a written demand and any other documents required by the instrument.
It indicates that it is made under the instrument and states the amount demanded.
It contains a statement that the applicant is in breach of its obligations under the underlying relationship.
It complies with any other terms and conditions of the instrument and URDG 758.


The guarantor or counter-guarantor must examine the presentation within five business days of receipt and determine whether it is complying or not. If it is complying, the guarantor or counter-guarantor must pay without delay. If it is not complying, the guarantor or counter-guarantor must reject it and give notice of refusal to the presenter, stating the reasons for refusal.



How to resolve disputes under URDG 758?

If you are involved in a dispute arising from a demand guarantee or counter-guarantee under URDG 758, you have several options to resolve it. Some of these options are:




Negotiation: You can try to reach an amicable settlement with the other party through direct communication and dialogue.
Mediation: You can seek the assistance of a neutral third party who can facilitate the communication and negotiation between the parties and help them find a mutually acceptable solution.
Arbitration: You can submit the dispute to an arbitral tribunal that can render a binding decision based on the evidence and arguments presented by the parties.
Litigation: You can bring the dispute to a court of law that can adjudicate the case and issue a judgment according to the applicable law.


The choice of dispute resolution method depends on various factors, such as the terms and conditions of the instrument, the nature and complexity of the dispute, the costs and time involved, and the preferences and interests of the parties. You can also combine different methods or switch from one method to another as appropriate.



We hope this article has given you some useful information on URDG 758 full text .pdf.1417. If you have any questions or comments on this topic, please feel free to contact us.



How to compare URDG 758 with other rules and laws for demand guarantees?

If you are interested in comparing URDG 758 with other rules and laws for demand guarantees, you can find some useful resources on the ICC website. For example, you can access the following publications:




ICC Banking Commission Opinions 2009-2011: This publication contains the official opinions of the ICC Banking Commission on various queries relating to URDG 758 and other ICC rules for trade finance instruments.
ICC Guide to URDG 758: This publication provides a detailed commentary and analysis of URDG 758, explaining each article and providing examples and comparisons with other rules and laws.
ICC Uniform Rules for Demand Guarantees (URDG) Including Model Forms: This publication contains the full text of URDG 758, as well as model forms for demand guarantees and counter-guarantees that can be used as templates or references.
ICC Dispute Resolution Bulletin: This publication contains articles and case studies on various topics related to dispute resolution, including arbitration, mediation, DOCDEX, and URDG 758.


You can also find other relevant publications on URDG 758 from other sources, such as books, journals, articles, reports, and websites. However, you should always verify the accuracy and reliability of the information before using it.



Conclusion

In conclusion, URDG 758 full text .pdf.1417 is a valuable resource for anyone who wants to learn more about the Uniform Rules for Demand Guarantees and how they apply to demand guarantees and counter-guarantees. URDG 758 provides a clear and comprehensive framework for the rights and obligations of each party to a demand guarantee or counter-guarantee, establishes a uniform and predictable practice across different jurisdictions, promotes fairness and balance between the interests of guarantors and beneficiaries, encourages good faith and transparency in the use of demand guarantees and counter-guarantees, and simplifies and streamlines the process of issuing, amending, presenting, paying, transferring, assigning, and terminating demand guarantees and counter-guarantees. URDG 758 also offers various options for resolving disputes arising from demand guarantees and counter-guarantees, such as negotiation, mediation, arbitration, or litigation. You can access URDG 758 full text .pdf.1417 from the ICC website or other sources, as well as other useful resources on URDG 758.



We hope this article has given you some useful information on URDG 758 full text .pdf.1417. If you have any questions or comments on this topic, please feel free to contact us.



In conclusion, URDG 758 full text .pdf.1417 is a valuable resource for anyone who wants to learn more about the Uniform Rules for Demand Guarantees and how they apply to demand guarantees and counter-guarantees. URDG 758 provides a clear and comprehensive framework for the rights and obligations of each party to a demand guarantee or counter-guarantee, establishes a uniform and predictable practice across different jurisdictions, promotes fairness and balance between the interests of guarantors and beneficiaries, encourages good faith and transparency in the use of demand guarantees and counter-guarantees, and simplifies and streamlines the process of issuing, amending, presenting, paying, transferring, assigning, and terminating demand guarantees and counter-guarantees. URDG 758 also offers various options for resolving disputes arising from demand guarantees and counter-guarantees, such as negotiation, mediation, arbitration, or litigation. You can access URDG 758 full text .pdf.1417 from the ICC website or other sources, as well as other useful resources on URDG 758.



We hope this article has given you some useful information on URDG 758 full text .pdf.1417. If you have any questions or comments on this topic, please feel free to contact us.

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