Publication Type

Journal Article

Version

Publisher’s Version

Publication Date

8-2000

Abstract

This paper traces the divergence of Singapore law from English law with regard to the grounds upon which a call on a performance bond can be restrained, in particular the recent recognition of the Singapore Court of Appeal's ruling that "unconscionability" is a separate ground to restrain the call of a performance bond. This article examines the legal nature of an on demand performance bond and seeks to challenge the assumption that a performance bond is a mirror image of a letter of credit. This paper also discusses the recent case of Cargill International v. Bangladesh Sugar and Food Industries Corp. The paper will also seek to investigate the ambit of the notion of "unconscionability" and the general principles that can be drawn from a line of Singapore High Court decisions which presage this landmark ruling.

Keywords

Performance bond, guarantee, on demand, injunctions, international finance

Discipline

Asian Studies | Banking and Finance Law | International Law

Research Areas

Corporate, Finance and Securities Law

Publication

Lloyd's Maritime and Commercial Law Quarterly

Volume

[2000]

First Page

348

Last Page

363

ISSN

0306-2945

Publisher

Informa Business Intelligence

Copyright Owner and License

Publisher

Creative Commons License

Creative Commons Attribution-Noncommercial-No Derivative Works 4.0 License
This work is licensed under a Creative Commons Attribution-Noncommercial-No Derivative Works 4.0 License.

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