Checking Documents

The object of the issuing bank in examining the documents forwarded to it is to check that the documents presented by the beneficiary to the confirming bank are in order and compliant. This is clear from the structure of UCP 600 and the nature of the relationship between the issuing and the confirming bank. The reimbursement obligation under a credit is not subject to the receiving of documents by the issuing bank but only to a compliant presentation being made to the nominated bank: Societe Generale SA v Saad Trading & Anor [2011] EWHC 2424 (Comm) (05 October 2011)

Letters of Credit

Drafts as Required Documents

Where the drafts are included in the letter of credit in the list of documents to be presented by the beneficiary to the confirming bank and are so presented, the duty of the confirming bank on the true construction of UCP 600, and in particular of Article 7(c), is to forward them to the issuing bank. The language of Article 7(c) does not permit any exception. Further, to permit the nominated bank a discretion to decide not to forward a listed document because it would appear to serve no useful purpose is contrary to the principle of strict compliance which permeates the law of documentary letters of credit; see, for illustrations of the doctrine of strict compliance concerning drafts ( The Lena [1981] 1 Lloyd's Reports 68 at p.75 and The Messiniaki Tolmi [1986] 1 Lloyd's Reports 455 at p.457).