Volume 22 No 3 (2024)
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Comparative Study between Uniform Rules for Contract Bonds (URCB) and Uniform Rules for Demand Guarantees (URDG) and Their Role in International Trades
Zohreh Ghorbani Charami
Abstract
The Uniform Rules for Demand Guarantees (URDG) serve as a key instrument in securing financial and commercial obligations in international transactions, emphasizing the principle of independence between the guarantee and the underlying contract. This principle prevents the guarantor from invoking objections related to the base contract against the beneficiary, thereby significantly enhancing the speed and efficiency of payments. However, certain jurisdictions—such as those in Scandinavia and Japan—have expressed concerns about potential misuse and have favored the issuance of guarantees conditioned upon the ascertainment of default. This approach led to the development of the Uniform Rules for Contract Bonds (URCB), which focus on the verification of breach as a prerequisite for payment. This study presents a comparative analysis of the two regulatory frameworks, examining their substantive and formal similarities and differences. Furthermore, the strengths and weaknesses of each set of rules are evaluated in terms of facilitating international trade and mitigating financial and legal risks. The findings aim to enhance the understanding of the practical applications of each instrument and support optimal decision-making in international commercial transactions.
Keywords
Demand Guarantee, URDG Rules, URCB Rules, Independence of Guarantee, Verification of Default, International Transactions, Risk Mitigation, Contractual Obligations.
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