top of page

支援グループ

公開·70名のメンバー
Owen Rogers
Owen Rogers

What You Need to Know About Urdg 758 Full Text Pdfzip and How to Use It Effectively


Urdg 758 Full Text Pdfzip: What You Need to Know




If you are involved in international trade or business, you may have encountered the term Urdg 758. But what does it mean and why is it important? And how can you download the full text of Urdg 758 in pdfzip format? In this article, we will answer these questions and more. We will explain what Urdg 758 is, what are its main features and benefits, and what are the challenges and limitations of using it. We will also provide you with a link to download Urdg 758 full text pdfzip for your convenience.




Urdg 758 Full Text Pdfzip



Introduction




What is Urdg 758?




Urdg stands for Uniform Rules for Demand Guarantees, which are a set of rules published by the International Chamber of Commerce (ICC) that govern the operation and interpretation of demand guarantees. Demand guarantees are instruments that provide security for a contractual obligation by one party (the applicant) to another party (the beneficiary). For example, a contractor may provide a demand guarantee to a client as a guarantee for the completion of a project. If the contractor fails to perform as agreed, the client can demand payment from the guarantor (usually a bank) under the terms of the guarantee.


Urdg 758 is the latest version of the rules, which came into effect on July 1, 2010. It replaced the previous version, Urdg 458, which was issued in 1992. Urdg 758 aims to reflect the current practices and challenges of demand guarantees in the global market, and to provide a uniform and clear framework for all parties involved.


Why is Urdg 758 important?




Urdg 758 is important because it provides a common language and standard for demand guarantees across different countries and jurisdictions. It helps to reduce uncertainty, ambiguity, and disputes that may arise from different interpretations or applications of demand guarantees. It also helps to enhance trust and confidence among parties involved in demand guarantees, as they can rely on the rules to protect their rights and interests.


Urdg 758 is widely accepted and used by banks, corporations, governments, and international organizations around the world. It is also endorsed by various industry associations and bodies, such as the International Federation of Consulting Engineers (FIDIC), the World Bank, and the United Nations Commission on International Trade Law (UNCITRAL).


How to download Urdg 758 full text pdfzip?




If you want to download Urdg 758 full text pdfzip, you can do so from the official website of the ICC. The pdfzip file contains both the English and French versions of the rules, as well as a commentary that explains the rationale and background of each article. The file size is about 1.5 MB, and you can download it for free after registering with your name and email address.


You can also purchase a hard copy of Urdg 758 from the ICC online store or from authorized distributors. The price is 18 euros for ICC members and 36 euros for non-members. The hard copy includes a CD-ROM that contains the pdfzip file as well.


Main Body




The main features of Urdg 758




Urdg 758 consists of 35 articles that cover various aspects of demand guarantees, such as definitions, scope, form, content, issuance, amendment, transfer, expiry, presentation, examination, payment, reduction, termination, and more. Some of the main features of Urdg 758 are:


Uniformity and clarity




Urdg 758 provides a uniform and clear set of rules that apply to all demand guarantees that are subject to it. It defines the key terms and concepts used in demand guarantees, such as demand, complying presentation, non-documentary condition, and more. It also clarifies the roles and responsibilities of each party involved in demand guarantees, such as the applicant, the beneficiary, the guarantor, and the counter-guarantor.


Independence and autonomy




Urdg 758 emphasizes the independence and autonomy of demand guarantees from the underlying contracts or relationships between the parties. It states that a demand guarantee is a separate and independent obligation of the guarantor to the beneficiary, and that the guarantor is not bound by any reference to the underlying contract or relationship in the guarantee. It also states that a demand guarantee is not affected by any change or termination of the underlying contract or relationship, unless otherwise agreed by the parties.


Flexibility and adaptability




Urdg 758 allows for flexibility and adaptability of demand guarantees to suit the needs and preferences of the parties. It states that the parties can modify or exclude any of the rules by express agreement in the guarantee. It also states that the parties can choose the applicable law and jurisdiction for the demand guarantee, as well as the language and communication method for presenting and examining demands.


The benefits of Urdg 758 for parties involved in demand guarantees




Urdg 758 offers various benefits for parties involved in demand guarantees, such as:


For applicants




Applicants can benefit from Urdg 758 by having a clear and uniform framework for issuing and amending demand guarantees. They can also benefit from the protection against abusive or fraudulent demands by beneficiaries, as Urdg 758 requires beneficiaries to present a written demand accompanied by a statement indicating a breach of the underlying contract or relationship. Applicants can also benefit from the possibility of transferring or reducing their obligations under demand guarantees, subject to certain conditions.


For beneficiaries




Beneficiaries can benefit from Urdg 758 by having a clear and uniform framework for presenting and enforcing demands under demand guarantees. They can also benefit from the assurance of prompt payment by guarantors upon complying presentation of demands, as Urdg 758 requires guarantors to examine and pay demands within five business days. Beneficiaries can also benefit from the possibility of extending or increasing their rights under demand guarantees, subject to certain conditions.


For guarantors and counter-guarantors




Guarantors and counter-guarantors can benefit from Urdg 758 by having a clear and uniform framework for examining and paying demands under demand guarantees. They can also benefit from the protection against abusive or fraudulent demands by applicants or other parties, as Urdg 758 requires them to act in good faith and without negligence when examining demands. Guarantors and counter-guarantors can also benefit from the possibility of terminating or limiting their liabilities under demand guarantees, subject to certain conditions.


The challenges and limitations of Urdg 758




Urdg 758 is not without challenges and limitations for parties involved in demand guarantees, such as:


Compliance and regulation




Parties involved in demand guarantees may face difficulties in complying with Urdg 758 due to different laws and regulations in different countries and jurisdictions. For example, some countries may have mandatory rules or restrictions on issuing or enforcing demand guarantees that may conflict with Urdg 758. In such cases, parties may need to seek legal advice or obtain waivers or exemptions from relevant authorities.


Fraud and abuse




Dispute resolution and enforcement




Parties involved in demand guarantees may face challenges in resolving and enforcing disputes that may arise from demand guarantees. For example, some parties may disagree on the interpretation or application of Urdg 758 or the terms of the guarantee. In such cases, parties may need to refer to the dispute resolution clause in the guarantee or to the applicable law and jurisdiction. However, this may involve time, cost, and uncertainty, especially if the parties are located in different countries or regions.


Conclusion




Summary of the main points




In conclusion, Urdg 758 is a set of rules that govern the operation and interpretation of demand guarantees. It provides a uniform and clear framework for all parties involved in demand guarantees, and it offers various benefits and protections for them. However, it also has some challenges and limitations that parties need to be aware of and address accordingly.


Recommendations for further action or research




If you are interested in learning more about Urdg 758 or using it for your demand guarantees, we recommend that you do the following:



  • Download Urdg 758 full text pdfzip from the ICC website and read it carefully.



  • Consult with your legal advisor or bank representative to ensure that Urdg 758 is suitable and compatible with your needs and preferences.



  • Include a clear reference to Urdg 758 in your demand guarantee and specify any modifications or exclusions that you agree with the other party.



  • Follow the rules and procedures of Urdg 758 when issuing, amending, presenting, examining, paying, reducing, terminating, or transferring demand guarantees.



  • Seek legal action or arbitration in case of any dispute or fraud involving demand guarantees.



We hope that this article has been informative and helpful for you. If you have any questions or feedback, please feel free to contact us.


Frequently Asked Questions




Here are some of the frequently asked questions about Urdg 758:



  • What is the difference between Urdg 758 and other rules for demand guarantees?



Urdg 758 is not the only set of rules for demand guarantees. There are other rules that may apply to demand guarantees, such as the Uniform Customs and Practice for Documentary Credits (UCP), the International Standby Practices (ISP), and the United Nations Convention on Independent Guarantees and Stand-by Letters of Credit (UNCITRAL Convention). However, Urdg 758 is different from these rules in several ways, such as:


  • Urdg 758 is specifically designed for demand guarantees, while UCP and ISP are mainly for documentary credits and standby letters of credit.



  • Urdg 758 is more comprehensive and detailed than UCP and ISP, as it covers more aspects and scenarios of demand guarantees.



  • Urdg 758 is more flexible and adaptable than UCP and ISP, as it allows parties to modify or exclude any of the rules by express agreement.



  • Urdg 758 is more widely accepted and used than UNCITRAL Convention, as it has been endorsed by various industry associations and bodies.



  • How can I check if a demand guarantee is subject to Urdg 758?



You can check if a demand guarantee is subject to Urdg 758 by looking at the text of the guarantee. If the guarantee contains a reference to Urdg 758 or its publication number (ICC Publication No. 758), then it means that it is subject to Urdg 758. However, if the guarantee does not contain such a reference, then it means that it is not subject to Urdg 758, unless otherwise agreed by the parties.


  • How can I make a complying presentation under Urdg 758?



You can make a complying presentation under Urdg 758 by following these steps:


  • Prepare a written demand that states the amount and currency of your claim.



  • Attach a statement that indicates a breach of the underlying contract or relationship by the applicant.



  • If required by the guarantee, attach any other documents specified in the guarantee.



  • If required by the guarantee, sign your demand and statement by yourself or by your authorized representative.



  • Present your demand and any other documents to the guarantor or the counter-guarantor within the validity period and at the place of presentation indicated in the guarantee.



  • How can I avoid fraudulent or abusive demands under Urdg 758?



You can avoid fraudulent or abusive demands under Urdg 758 by doing the following:


  • Ensure that your demand guarantee is clear and precise in its terms and conditions, and that it reflects your true intention and agreement with the other party.



  • Monitor the performance and compliance of the applicant under the underlying contract or relationship, and notify them of any breach or default as soon as possible.



  • If you receive a demand that you believe is fraudulent or abusive, contact the guarantor or the counter-guarantor immediately and provide them with evidence or information to support your claim.



  • If the guarantor or the counter-guarantor pays the demand despite your objection, seek legal action or arbitration to recover your loss or damage.



  • How can I terminate or reduce my liability under Urdg 758?



You can terminate or reduce your liability under Urdg 758 by doing the following:


  • If you are the applicant, you can request the guarantor or the counter-guarantor to terminate or reduce your liability under the guarantee, subject to their consent and agreement with the beneficiary.



  • If you are the guarantor or the counter-guarantor, you can terminate or reduce your liability under the guarantee, subject to the consent and agreement of the applicant and the beneficiary.



  • If you are the beneficiary, you can terminate or reduce your rights under the guarantee, subject to your consent and agreement with the applicant and the guarantor or the counter-guarantor.



71b2f0854b


グループについて

グループへようこそ!他のメンバーと交流したり、最新情報をチェックしたり、動画をシェアすることもできます。

メンバー

  • sacfet Gaer
    sacfet Gaer
  • Nulls Brwal
    Nulls Brwal
  • Benjamin Phillips
    Benjamin Phillips
  • Christoph pherboksa
    Christoph pherboksa
bottom of page