Principle of autonomy in letter of credit (LC) - An overview from legal and Shariah perspective

The issuance of letter of credit (LC) as a method of payment in international trade carried by itself its distinctive feature that is independent from the underlying sales contract entered into between seller and buyer. Evidently, payment for the goods will be made upon compliance of documents ins...

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Main Authors: Othman, Ahmad Azam, Che Hashim , Rosmawani
Format: Conference or Workshop Item
Language:English
English
Published: 2013
Subjects:
Online Access:http://irep.iium.edu.my/38354/
http://irep.iium.edu.my/38354/
http://irep.iium.edu.my/38354/1/4thICBER_2013_Proceeding_Autonomy_of_LC.pdf
http://irep.iium.edu.my/38354/4/000_000_4thICBER2013_Proceeding_Content.pdf
id iium-38354
recordtype eprints
spelling iium-383542015-01-08T09:34:51Z http://irep.iium.edu.my/38354/ Principle of autonomy in letter of credit (LC) - An overview from legal and Shariah perspective Othman, Ahmad Azam Che Hashim , Rosmawani K Law (General) The issuance of letter of credit (LC) as a method of payment in international trade carried by itself its distinctive feature that is independent from the underlying sales contract entered into between seller and buyer. Evidently, payment for the goods will be made upon compliance of documents instead of compliance of the goods traded. Disputes between trading parties concerning the goods in the underlying contracts are to be addressed using a different cause of action which should not compromise the LC operations and undertaking of the bank to honour payment. Based on this unique characteristic, this paper aims to explain the meaning of principle of autonomy, its nature and background. It highlights the significance of principle of autonomy in LC transaction. Furthermore, it discusses the legal framework of principle of autonomy where to a certain extent, comparisons between relevant articles in the UCP 500 and 600 are highlighted. Next, discussion focuses on relevant case-law where the principle of autonomy was significantly prevailed in LC transaction. Last but not least, it addresses the issue of Shariah compliance in the application of this principle in LC. 2013 Conference or Workshop Item PeerReviewed application/pdf en http://irep.iium.edu.my/38354/1/4thICBER_2013_Proceeding_Autonomy_of_LC.pdf application/pdf en http://irep.iium.edu.my/38354/4/000_000_4thICBER2013_Proceeding_Content.pdf Othman, Ahmad Azam and Che Hashim , Rosmawani (2013) Principle of autonomy in letter of credit (LC) - An overview from legal and Shariah perspective. In: 4th International Conference on Business and Economic Research (4th ICBER 2013), 4th-5th Mar 2013, Bandung, Indonesia. http://www.internationalconference.com.my/proceeding/icber2013_proceeding/icber2013_proceeding.html
repository_type Digital Repository
institution_category Local University
institution International Islamic University Malaysia
building IIUM Repository
collection Online Access
language English
English
topic K Law (General)
spellingShingle K Law (General)
Othman, Ahmad Azam
Che Hashim , Rosmawani
Principle of autonomy in letter of credit (LC) - An overview from legal and Shariah perspective
description The issuance of letter of credit (LC) as a method of payment in international trade carried by itself its distinctive feature that is independent from the underlying sales contract entered into between seller and buyer. Evidently, payment for the goods will be made upon compliance of documents instead of compliance of the goods traded. Disputes between trading parties concerning the goods in the underlying contracts are to be addressed using a different cause of action which should not compromise the LC operations and undertaking of the bank to honour payment. Based on this unique characteristic, this paper aims to explain the meaning of principle of autonomy, its nature and background. It highlights the significance of principle of autonomy in LC transaction. Furthermore, it discusses the legal framework of principle of autonomy where to a certain extent, comparisons between relevant articles in the UCP 500 and 600 are highlighted. Next, discussion focuses on relevant case-law where the principle of autonomy was significantly prevailed in LC transaction. Last but not least, it addresses the issue of Shariah compliance in the application of this principle in LC.
format Conference or Workshop Item
author Othman, Ahmad Azam
Che Hashim , Rosmawani
author_facet Othman, Ahmad Azam
Che Hashim , Rosmawani
author_sort Othman, Ahmad Azam
title Principle of autonomy in letter of credit (LC) - An overview from legal and Shariah perspective
title_short Principle of autonomy in letter of credit (LC) - An overview from legal and Shariah perspective
title_full Principle of autonomy in letter of credit (LC) - An overview from legal and Shariah perspective
title_fullStr Principle of autonomy in letter of credit (LC) - An overview from legal and Shariah perspective
title_full_unstemmed Principle of autonomy in letter of credit (LC) - An overview from legal and Shariah perspective
title_sort principle of autonomy in letter of credit (lc) - an overview from legal and shariah perspective
publishDate 2013
url http://irep.iium.edu.my/38354/
http://irep.iium.edu.my/38354/
http://irep.iium.edu.my/38354/1/4thICBER_2013_Proceeding_Autonomy_of_LC.pdf
http://irep.iium.edu.my/38354/4/000_000_4thICBER2013_Proceeding_Content.pdf
first_indexed 2023-09-18T20:55:05Z
last_indexed 2023-09-18T20:55:05Z
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