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Should There Be a Negligence Exception to the Autonomy Principle for Letters of Credit?

Year of Publication: 2023
Month of Publication: 2
Author(s): Leung Liwen
Research Area(s): Admiralty/Maritime Law
Name of Working Paper Series:

NUS Law Working Paper No. 2023/010
NUS Centre for Maritime Law Working Paper 23/02

WPS Paper Number: LAW-WPS-2310
Abstract:

Fraud is the only widely accepted exception to the autonomy principle applicable to letters of credit. However, a recent decision of the Singapore High Court, Bank of China Ltd, Singapore Branch v BP Singapore Pte Ltd [2021] SGHC 120, [2021] 5 SLR 738, appears to support the possibility of a further exception: the negligence exception. Other lawsuits pending before the Singaporean courts also implicitly refer to (and plead) such a possibility. This paper argues that the negligence exception should be rejected.

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