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Authors (Full Papers): T - Z

 

Click the link indicating the scholarly author's last name to view the abstract of their paper for presentation.

 

A - B   |   C - E   |   F - G   |   H - J   |   K - L   |   M - O   |   P - S   |   T - Z

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Tanaka, Yoshitoshi (Japan): How can we integrate IP Strategy with Corporate Strategy? Combining IP strategy with Management Strategy Making Process

 

Tanaka, Yoshitoshi (Japan): Collaboration between IP Department and Other Departments promote IP Utilization

 

Thanvi, Ameyavikrama (India): Criminal Jurisdiction in High Sea: Whether India had jurisdiction under International Law to try Italian Marines

 

Tshoose, Clarence Itumeleng (South Africa): The pros and cons of National Health Insurance in South Africa

 

Tuba, Maphuti David and and Westhuizen, Chinelle van der (South Africa): An analysis of the 'know your customer' policy as an effective tool to combat money laundering: Is it about who or what to know that counts?

 

Vacca, Alessia (UK): Court of Auditors, an Italian Perspective: Performance Auditing to improve efficiency in the Public Administration

 

Volovelsky, Uri and Raynzilber, Roey (Israel): The Liability of Website Owners for Defamation in Israel: A Challenge Yet to Be Solved?

 

Wagener, Anthea Natalie (South Africa): An Alternative Rating Approach for South African Motor-Vehicle Insurers. Lessons from Canadian Case Law: British Columbia (Public Service Employee Relations Commission) v BCGSEU

 

Weckström, Katja (Finland): A Comparative View of the Chinese Trademark System on the Books and Chinese Trademark Law in Action

 

Widdowson, Liam and Li, Grace (Australia): Telecommunications Industry Self-regulation: Assessing the Telecommunications Industry Ombudsman (TIO) Scheme in Australia

 

Wolski, Bobette (Australia): Using Dispute Systems Design to Identify, Explain and Predict Trends in the International Dispute Settlement Landscape

 

Yap, Ji Lian (Hong Kong): Unconscionabilty And Performance Bonds

 

Zhang, Jingbo (UK): Bank's Post-notice Obligations under UCP600

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How can we integrate IP Strategy with Corporate Strategy? Combining IP strategy with Management Strategy Making Process by Yoshitoshi Tanaka, Tokyo Institute of Technology, Japan.

 

Yoshitoshi Tanaka is a Professor at the Graduate School of Innovation Management, Tokyo Institute of Technology. He graduated at the Tokyo Institute of Technology and joined Japan Patent Office as a patent examiner in 1980. He worked for the Japanese Government and Science and Technology Agency until 1991. He was a research fellow at UCLA in the US. He is a registered Patent attorney since 1994. He is a member of Japan Intellectual Property Academic Association, Japan MOT Society, etc.

 

 

 

Abstract

Intellectual property systems have been introduced and used in many countries as a global standard. However its practical utilization is still not yet mature because of the lack of IP Strategy. Each enterprise has to define a unique IP strategy and be differentiated by other enterprises because the outside environment and internal resource are different. IP people have to have better understandings on strategy making process, which is fundamental to management field. In addition, IP strategy should include IP expertise based on IP laws and its regulations. In this paper, strategy making process is introduced for IP personnel together with a new proposal of an IP Strategy Menu which will combine IP strategy with management strategy making, for further improvement of IP activities for the growth of enterprise.

 

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Collaboration between IP Department and Other Departments promote IP Utilization by Yoshitoshi Tanaka, Tokyo Institute of Technology, Japan.

 

Yoshitoshi Tanaka is a Professor at the Graduate School of Innovation Management, Tokyo Institute of Technology. He graduated at the Tokyo Institute of Technology and joined Japan Patent Office as a patent examiner in 1980. He worked for the Japanese Government and Science and Technology Agency until 1991. He was a research fellow at UCLA in the US. He is a registered Patent attorney since 1994. He is a member of Japan Intellectual Property Academic Association, Japan MOT Society, etc.

 

 

 

Abstract

In many countries, intellectual property rights have been given emphasis for the past 20-30 years. Traditionally, IP personnel in enterprises have been involved in practical jobs such as filing patent/trademark/design applications, and making responses to the examiners of IP Organization of Government and maintaining registration of IPR, in accordance with existing IP laws and its regulations. However the recent increase in the strategic value of intellectual property rights and wider scope of IP related activities has necessitated greater inter-departmental collaboration within the company. In this study, we investigated the collaboration between the IP department and other units within the same company. We conducted a questionnaire to survey to determine the level integration of IP department with other departments. Based on the results of questionnaires, we propose greater collaboration with other departments, and suggest the use of benchmarking in order to improve collaboration and change of IP strategies for business growth.

 

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Criminal Jurisdiction in High Sea: Whether India had jurisdiction under International Law to try Italian Marines by Ameyavikrama Thanvi, National Law University, Jodhpur, India.

 

Ameyavikrama Thanvi is pursuing B.PSc (Honours)-LLB (Constitutional Law Honours.) at the National Law University, Jodhpur, India. She has interned with various law firms in India and worked with NGOs working towards prevention of domestic violence and uplifting of women in the society.

 

 

 

 

 

 

 

 

Abstract

Exercise of jurisdiction in the high seas has always been a point of contention in the international laws. When Italian marines shot at Indian fishermen in the Indian Ocean, the debate sparked again as both the countries asserted jurisdiction over the marines. The customary international law under its various principles provides for the affected state to exercise jurisdiction. The Italian authorities cited provisions of the UNCLOS to establish their exclusive jurisdiction. However, the international covenant does not in any way prohibit India from exercising her jurisdiction. Another question that arises as a hindrance in exercising such jurisdiction is that the marines were under the direct orders of the Italian government and being a part of the defence forces of the state enjoyed state immunity. It was thus, contested that India could not exercise her jurisdiction over them. However, protection of state immunity can be availed of only for so long as the state agency or instrumentality is performing its sovereign function as ordered by the government. Since Italian marines killed civilians rather than pirates they could not avail such protection. Thus, India had the jurisdiction to try the marines under her municipal laws.

 

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The pros and cons of National Health Insurance in South Africa by Clarence Itumeleng Tshoose, University of South Africa, South Africa.

 

ITUMELENG CLARENCE TSHOOSE, LLB, LLM in Labour and Social Security Law (North West University, South Africa). Senior Lecturer in the Department of Mercantile Law, College of Law, University of South Africa. His areas of interest include Labour Law, Social Security Law, and Occupational Health and Safety Law. Clarence is also the author of several articles in accredited journals locally and internationally.

 

 

 

 

Abstract

This paper explores debates about National Health Insurance. In addressing this issue the paper explores the constitutional obligation of South African government regarding the provision of health care. The paper also analyses the pros and cons of the NHI in light of the Millennium development goals. In its conclusion, the paper provides lessons that South Africa would have to consider as it proceeds with the implementation of the National Health Insurance.

 

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An analysis of the 'know your customer' policy as an effective tool to combat money laundering: Is it about who or what to know that counts? by Maphuti David Tuba and Chinelle van der Westhuizen, University of South Africa, South Africa.

 

Maphuti Tuba is a lecturer in the Department of Mercantile Law at the University of South Africa where he teaches subjects in the area of banking law and commercial law. Prior to joining UNISA, he worked as deeds examiner at the Registrar of Deeds and as an estate controller at the Master of the High Court both in Pretoria; South Africa. He obtained his LLB from University of the Witwatersrand in 2006 with distinction in Criminal law and Practical Legal studies, among others. He also obtained an Advanced Certificate in Deeds office Practices and Procedure from the University of Pretoria in 2010. He obtained his LLB from University of the Witwatersrand in 2006 with distinction in Criminal law and Practical Legal studies, among others. He also obtained an Advanced Certificate in Deeds office Practices and Procedure from the University of Pretoria in 2010. Maphuti is currently completing his Masters degree at UNISA with his main focus being banking law.

Chinelle van der Westhuizen graduated with her LLB degree at the University of Pretoria in 2009. In 2011, she completed her LLM degree at the University of Pretoria and was ranked in the top tier of her class, specialising in Mercantile Law, which included the following subjects: Specific Contract Law with specialisation on the new Consumer Protection Act, Statutory Competition Law and Transnational Business Law as well as a dissertation titled "Money Laundering and the Impact thereof on Selected African Countries: A Comparative Study". She completed a Trial Advocacy Course presented by the Bar Association of Pretoria as well as a Certificate Course on Air, Space and Telecommunications Law. She has a particular interest in Banking and Finance Law. She is currently reading for an LLD specialising in Banking Law at the University of South Africa. She is also currently a lecturer at the University of South Africa.

Abstract

Know your customer policy (the KYC policy) has emerged as an important strategy for a proactive war against money laundering both nationally and internationally. In terms of this policy, financial institutions in most of the countries are required to identify their clients and the legitimacy of their financial transactions. The main purposes of this policy are profiling the originators of this potentially anti- economic crime as well as tracking the audit trail of any money that flows into our banking systems. However, a closer look at both the international and many of the national anti-money laundering strategies reveals that their regulatory instruments do not address both these purposes for combating money laundering. The question that needs to be asked is whether a specific focus on the profiling of customers is sufficient for a proactive prevention of money laundering. Put differently, the question to be asked is whether the buck of KYC policy can effectively stop with financial institutions profiling who their customers are rather than also tracking the trails of money through all the banking systems that money flows into. This paper will analyse both the South African and the international money regulatory frameworks with specific focus on the Financial Action Task Force on Money Laundering and attempt to explore the shortfalls of the KYC policy as an anti-money laundering tool.

 

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Court of Auditors, an Italian Perspective: Performance Auditing to improve efficiency in the Public Administration by Alessia Vacca, University of Aberdeen,, UK.

 

 

 

 

 

 

 

 

 

 

Alessia Vacca is an Italian lawyer, she has more than 10 years of experience, especially in administrative law. She has also worked tutoring in the School of Law at the University of Aberdeen (EU Law and Foundations of Private Law) and she is finishing her PHD at the School of Law of the University of Aberdeen, Scotland. Her PHD dissertation: "Rights of minority languages in public administration and public institutions: A comparative study of Italy, Spain and the UK". In 2009 she was awarded with the CB Davidson, University of Aberdeen. She obtained her Master's Degree in Law (Laurea in Giurisprudenza Vecchio Ordinamento) at the University of Cagliari with Honours first class cum laude (110/110 cum laude). Alessia has been, until 2005, contract researcher at the University of Cagliari, sponsored by Regione Autonoma della Sardegna. She has been also a trainee lawyer in London (as a winner of the Leonardo da Vinci award) and in Barcelona. She has attended several post-graduate courses in EU Law, Human Rights Law and Administrative Law in Italy (e.g. Cagliari, Milano) and abroad (e.g. International Public Law at the Hague Academy, Peace Palace, Netherlands, Human Rights in EU at the University Carlos III Madrid, Krakow, Cooperation among Mediterranean Sea Countries, University of Marseille). She delivered several presentations: at the University of Aberdeen, at the Emory Institute for Human Rights, Atlanta, Georgia, US, in Florence: University Paris Nanterre X, at the University of London, at the University of Tartu, Estonia. In December 2008/January 2009 she was also visiting researcher at the University of Sydney, Australia. She has written various articles dealing with the issue of rights of minority languages and public administration.

Abstract

This paper is aimed to analyze the functions of the European Court of Auditors and of a domestic Court of Auditors, the Italian one, to underline how performance auditing is important in fighting corruption and mismanagement in the public administration. Indeed, performance auditing is an important instrument in order to improve transparency, efficiency and accountability in the public administration. This is an important issue when domestic public administrations are managing EU funds. Performance auditing is a cornerstone for strengthening the ability of citizens to govern themselves effectively, efficiently and equitably and consequently to ensure good public sector governance. The establishment of institutions aimed at providing accountability is an important step in order to guarantee transparency and consequently democracy but more important is to ensure their efficiency.

 

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The Liability of Website Owners for Defamation in Israel: A Challenge Yet to Be Solved? by Uri Volovelsky & Roey Raynzilber, Israel.

 

 

 

 

 

 

 

 

Uri Volovelsky, LL.M. Fordham University, New York (Banking, Corporate Law & Finance Law) (cum laude); M.B.A., College of Management Academic Studies, Rishon LeZion (Multinational Business Activities); LL.B., College of Management Academic Studies, Rishon LeZion (cum laude); B.A. Interdisciplinary Center, Herzliya (Government, Diplomacy and Strategy) (cum laude).

Uri Volovelsky is a practicing attorney specializing in corporate and commercial law and international commercial agreements; he provides litigation and consultancy services to private and public companies and holds the position of researcher and assistant professor in the fields of corporation law, defamation, torts, commercial contracts and instruments of payments at the College of Management Academic Studies. Uri received a special scholarship to pursue his LL.M. studies at Fordham University, where his thesis was entitled: "Judicial Intervention in International Arbitration – Comparative Analysis Israel, England, the United States and France". Uri has extensive research experience in the field of defamation and corporation law and has published several articles where he examines Israeli company law from a comparative perspective with other legal systems. His publications include "Regulation of Dual Listing Companies and the Applicable Law" published in Tagidim Law Review and "Regulating controlling shareholders' power in public companies - a comparative analysis of the legal framework in Israel and the State of Delaware" published in the International Journal of Private Law. Uri served as Deputy Editor and Academic Staff Member of the Hamisphat Law Review as well as Associate Editor of Fordham University's Journal of Corporate and Finance Law. In addition, Uri is a longstanding judge at the Philip C. Jessup "International Law Moot Court Competition". '

 

 

Abstract

From the end of the twentieth century to the present we have witnessed the effects of technology on the way we consume and distribute information. The print media, which in many ways was the natural product of the printing revolution, has given way to the electronic media with websites providing the new "town squares" in which the public discourse is held on political, economic and social issues among others. The Israeli legal system, like the legal systems in other countries, faces a variety of challenges and complex ethical and legal issues when required to regulate (often retrospectively) the manner and processes through which the discourse will be conducted in the virtual "town hall". In essence, this article focuses on one of the many questions occupying the Israeli legal system and that is whether website owners should be liable in defamation for speech published by third parties on the Internet (through blogs, tweets on Twitter, posts on Facebook, uploaded video clips on YouTube and the like) when no connection exists between the third party and the site owner apart from the fact that the third party has used the website as a platform to publish the offensive speech. The issue of the liability of the website owner has ramifications for the injured party's capacity to institute an action for defamation against the website owner, as often only the latter will be in a position to compensate the injured party (financially) for the offensive speech. The Israeli legal system, which in many ways furnishes a unique and interesting framework for examining the question posed above, as we explain in the body of the article, presents a fascinating example of how the Israeli legislature and the courts have dealt and continue to deal with claims filed against websites owners for damage to reputation as a result of speech published by third parties. The article offers a comprehensive review of the status of the right to freedom of speech, anonymity and the right to reputation in Israel, the considerations for and against the imposition of liability on website owners and the latest case law on these questions.

 

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An Alternative Rating Approach for South African Motor-Vehicle Insurers. Lessons from Canadian Case Law: British Columbia (Public Service Employee Relations Commission) v BCGSEU by Anthea Natalie Wagener, Lecturer, Mercantile Law, University of South Africa, South Africa.

 

Anthea Wagener (LLB(UP) LLM(Unisa)) is a lecturer in Mercantile Law at the College of Law, University of South Africa and teaches in the Department of Banking Law. She has published in insurance law and her research interests include insurance and banking law. She is an editorial assistant for the South African Mercantile Law Journal and serves on the Unisa Legal Aid Management Committee. She is also an admitted attorney of the High Court of South Africa.

 

 

 

 

 

Abstract

South African motor-vehicle insurers use, inter alia, gender as a rating variable to classify risks into certain classes and to determine insurance premiums. Depending whether the insured is male or female, it could have a significant impact on the cost of the insured's premium. An issue of unfair discrimination arises when, based on a prospective insured's gender, an insurer imposes more stringent conditions than usual. A South African court is still yet to decided whether the use of gender as a motor-vehicle insurance rating variable amounts to unfair discrimination or not. Regardless of its decision, it appears that either outcome (to disallow the use of gender as an insurance rating variable or to continue to allow its use) would be disadvantageous. This paper sets out to discuss the implications of a court's decision to allow or disallow the use of gender as a rating variable. Thereafter, consideration is given to the Canadian Supreme Court judgment of British Columbia (Public Service Employee Relations Commission) v BCGSEU [1999] 3 SCR 3; 127 DLR (4th) 1 (SC Can), where an alternative approach to insurance rating comes to light. This paper examines the test established in the judgment from which recommendations for a South African court follow.

 

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A Comparative View of the Chinese Trademark System on the Books and Chinese Trademark Law in Action by Katja Weckström, Åbo Akademi University, Turku, Finland.

 

Dr Katja Lindroos (Weckström) is a qualified lawyer in Finland. She specializes in Intellectual Property, International Commercial and Trade Law, Internet Law and EU law. Lindroos obtained her Master's degree in Law from University of Turku, Finland and in International and Comparative Law from Chicago-Kent College of Law, Chicago, IL, USA. In 2011 she received her Doctorate in Law from University of Turku. Her thesis "A Contextual Approach to Limits in EU Trade Mark Law" was published by IPR University Center. She currently serves as University Lecturer in Commercial Law at Åbo Akademi University, Turku, Finland and Editor-in-Chief of Nordic Journal of Commercial Law (NJCL).

 

 

Abstract

The Chinese trademark law regime, only 30 years of age, is undergoing its 3rd major reform, each designed to meet the immediate need of the contemporary economy. Today, the increasing dependence on international trade, foreign direct investment and increased competition in the domestic market, naturally mount pressure on providing adequate protection against infringement and counterfeiting. The New Chinese Trademark Act will further harmonize Chinese trademark protection – registration practice – with international standards. This article discusses the new Act and the Chinese trademark regime and seeks to understand how it is similar and how it is different to Western (namely EU) trademark regimes. It also seeks to map the area between law on the books and law in action, focusing on obtaining trademark protection (registration) and regular infringement.

 

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Telecommunications Industry Self-regulation: Assessing the Telecommunications Industry Ombudsman (TIO) Scheme in Australia by Liam Widdowson and Grace Li, University Technology Sydney, Australia.

 

Dr. Grace Li joined the University Technology Sydney Law Faculty as a full-time lecturer in 2006 after teaching part-time from 2001. Grace completed her LLB, LLM and PHD in law in UTS. She has also completed a Graduate Certificate in Business Administration (GCBA) and a Graduate Certificate in Higher Teaching and Learning (GCHTL). Grace was one of the two winners of the LexisNexis - ALTA Award for Excellence and Innovation in the Teaching of Law (the early career teacher category) in 2009. In addition, she has many publications and she presents regularly at national and international conferences. Grace's research is focused on the telecommunications regulation.

 

 

 

 

Abstract

In Australia, The Telecommunications Industry Ombudsman ("TIO") is a private corporation enacted by parliament as the sole alternate dispute resolution mediator between carriage service providers ("CSPs") and consumers. The TIO is designed as an office of last resort, which relies on attracting, receiving, investigating and escalating complaints as its source of funding. Currently, the Telecommunications Act requires all CSPs in Australia to become members of the TIO scheme.A research project was undertaken to study the effectiveness of the TIO scheme in 2010 - 2011. It was a multi-phased project including literary research to identify problems and form research tasks, a large-scale survey to gain an insight into the policy and practice of the TIO from the perspective of CSPs; and an in-depth analysis of TIO cases to verify the research results. The TIO was invited at the commencement and on subsequent occasions to participate in this project but declined without providing specific reasons. The project results demonstrated universal and significant dissatisfaction with many material aspects of the TIO scheme. Further, the analysis of TIO key performance metrics uncovered patterns that provide some evidence of the issues raised by CSPs in their responses. A comprehensive legal analysis of the unique position of the TIO considered the sources of power the TIO relies upon and offers some insight into perhaps why the scheme operates in the manner it does.In conclusion, a set of recommendations is made to reform the scheme to provide fair, just and economical outcomes for CSPs and consumers.

 

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Using Dispute Systems Design to Identify, Explain and Predict Trends in the International Dispute Settlement Landscape by Bobette Wolski, Bond University, Australia.

 

Bobette Wolski (LLM (Dist), BA, LLB) is an Associate Professor at the Faculty of Law, Bond University, Australia.

 

 

 

 

Abstract

Some scholars have criticized the international dispute settlement system for its prioritization of adjudication over other forms of dispute resolution and in particular, for its 'under appreciation' of mediation. They have urged that more attention be given to mediation as a dispute settlement option. This article identifies, and explains the reasons for, divergent and parallel trends in dispute settlement at the domestic and international levels using the analytical tools and principles of Dispute Systems Design. It canvasses public and private international dispute settlement. The author argues that mediation has taken root at the domestic level largely because of systemic factors: its use is widely mandated; mediated outcomes can be formalized and rendered binding; and arbitration and/or litigation exist as a known end-point and back-up should mediation fail. These are the preconditions that must be met if more extensive use of mediation is to be made at the international level. Currently, the international community has taken only baby steps towards the design and implementation of rules, procedures and an infrastructure which would enable the systemic changes needed to support increased use of mediation.

 

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Unconscionabilty And Performance Bonds by Ji Lian Yap, University of Hong Kong, Hong Kong.

 

Ji Lian Yap is an Assistant Professor at the University of Hong Kong. She holds an LLM from the University of Cambridge. Her areas of research interests are in commercial and corporate law, and she has published in various journals such as the Journal of Corporate Law Studies, the Common Law World Review and the Law Quarterly Review

 

 

 

 

Abstract

This article considers the question of whether, as a matter of legal policy, unconscionability should be adopted by English courts as a ground upon which the court can grant an injunction to restrain a beneficiary of a performance bond from calling on the bond. The May 2012 decision of the Singapore Court of Appeal in BS Mount Sophia Pte Ltd v Join-Aim Pte Ltd [2012] SGCA 28 will be discussed in detail. This decision sheds useful light on the question of whether unconscionability should be adopted by English courts as a ground on which an injunction may be granted to restrain a call on a performance bond. In particular, this article will argue that the fear that excessive uncertainty would arise as a result of the adoption of unconscionability as a ground on which such an injunction can be granted may not be justified. Finally, observations will be made as to the significance of the divergence between Singapore law and English law in this area.

 

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Bank's Post-notice Obligations under UCP600 by Jingbo Zhang, School of Law, University of Southampton, UK.

 

Jingbo Zhang is currently a Ph.D Researcher at the University of Southampton and the working title of her thesis is "Banks' Obligations for Examination and Refusal of Documents under UCP600". She completed her LL.M (Master of Laws) in Maritime Law at the University of Southampton in 2010 with a distinguished dissertation. In 2009, she obtained both LLB (Bachelor of Laws) and BSc in Economics degrees at the Southwest University of Political Science and Law (SWUPL) in China. She has published several articles concerning the recent case developments in the Shipping and Trade Law journal. She is a member of Editorial Board for Southampton Law Review and she is a reviewer of Hummingbird (University of Southampton Doctoral Research Journal). She gave a speech on "Banks' Duties on Rejection in Documentary Credits under UCP600" in the Society of Legal Scholars (SLS) Annual Conference at Cambridge in 2011. Her research interests lie in International Trade Law, Carriage of Goods by Sea, Marine Insurance and WTO Law. Moreover, with the background of international economics and trade, she would like to do the interdisciplinary research, which can effectively connect economic practices with legal positions.

 

Abstract

This paper aims to systematically analyse the bank's post-notice obligations in a documentary credit under the framework of UCP600. The paper not only reviews the recent developments in the English court—Fortis Bank & Stemcor v Indian Overseas Bank ([2010] EWHC 84 (Comm); [2011] EWCA Civ 58; [2011] EWHC (Comm) 538), but also examines the methods adopted by the courts to interpret the UCP provisions. Meanwhile, in relation to this case, other useful methods which may effectively explain the bank's obligations are also referred to in this paper. In addition, the paper addresses other important issues concerning the bank's post-notice obligations which are partly ignored by the UCP and the case law, such as the condition of the returned documents. Moreover, some feasible suggestions are put forward in this paper relating to each aspect of the bank's obligations, so as to achieve the purpose of supplementing this incomplete area under UCP600 as well as directing the market practitioners.

 

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