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Discrepancies, Frauds,
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THE ISSUES TO BE ADDRESSED
ISSUE NO. 1
Whether or not the Discrepancies named by the Issuing Bank on the Stipulated Documents presented under Issuing Bank, City I Branch Documentary Credit No. LC1234 are valid according to the international standard banking practice as effected by the UCP 500 and the terms and conditions of the Documentary Credit itself?
ISSUE NO. 2
Whether or not the Documents, particularly the bill of lading, have fraudulent representation based on the facts as supported by the documentary evidences?
ISSUE NO. 3
Is the Beneficiary, as a shipper in the bill of lading, entitled to payment under the Documentary Credit when the Documents presented have fraudulent representation, particularly against an antedated bill of lading, which the Beneficiary is either aware of or is otherwise giving its authorisation or consent to the issuer for such fraudulent representation?
ISSUE NO. 4
Is the “fraud exception rule” applicable to the Issuing Bank regarding payment under the Documentary Credit when the fraudulent representation in the Documents has been found and supported by documentary evidences, particularly for an antedated bill of lading?
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