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Pia Indemnity Form Request Guide

Hello, my name is Vitaliy Kozachenko. I am.the managing director of Fortior Law.a boutique practice based in Geneva.Switzerland..One of our areas of expertise is financial law.and in this video I am going to discuss letters of indemnity.in the context of international trade..I have worked on one of the leading English cases in this field,.Euro-Asian Oil v Abilo, Credit.Suisse and I hope you will find my experience useful..In this video I am going to start by analysing the context.in which letters of indemnity are used.in international trade.and will then discuss the most common risks faced by issuers of letters of indemnity.and by banks which countersign them..In international trade, the context in which.banks often deal with letters of indemnity.may be described in the following diagram:.a seller sells goods to a buyer, the buyer pays for the goods.by means of a letter of credit provided by the buyer's bank..The seller in order to.draw under the letter of credit provided.by the buyer's bank must usually provide.a number of documents specified in that letter of credit..Almost invariably, one of such documents is a bill of lading.for the goods loaded by the.seller upon a means of transport - usually a ship..But for various reasons it may be.impossible to obtain the bills of lading.immediately and/or in time to get.paid under the letter of credit..It is to solve this problem that a practice has developed whereby a seller instead of.providing the bills of lading to draw.under the letter of credit provides a.letter of indemnity effectively.indemnifying the buyer against the risks.which it might face as a result of not.having the bills of lading..If the buyer or the buyer's bank do not trust in a seller's creditworthiness they will.usually require that the seller's letter.of indemnity be countersigned by a bank..A letter of indemnity is essentially a.contractual document whereby the seller.makes certain promises to the buyer and.the buyer's bank in exchange for which.the buyer's bank makes payment under the letter of credit to the seller without.presentation of the bills of lading..A bank which countersigns a letter of indemnity.effectively makes the same.promises as the seller..As with any contractual documents where there is a dispute the parties may face the.following issues. Firstly, who are the.parties to the contract - in our case.letter of indemnity and who may rely on.the promises contained in it?.Secondly, what is the precise nature of the.promises contained in the contract and.have they been fulfilled?.And thirdly, is it a contract subject to a specific set.of rules such as a guarantee or is the.indemnifying bank simply liable in the.same way as the seller? I will discuss.these three issues in the remainder of.this video..In English law there is a principle.called privity of contract. In essence, it.means that persons who are not party to.a contract may only rely on it if the.contract expressly provides that they.may do so or if the contract expressly.grants benefit to those persons..Here is how this may be relevant in practice:.If the seller's bank countersigns a letter.of indemnity issued to the buyer.the buyer's bank may not be able to rely.upon it to sue the seller's bank if the.buyer's bank is not a party to the.indemnity contract.it may be that the buyer's bank will be the only one to have suffered a real loss.and therefore the only party who will have an incentive to sue.if in these circumstances the buyer's.bank is deprived of the contractual.cause of action it may be that the.seller and the indemnifying bank will.avoid liability altogether..One of the leading cases on letters of.indemnity turned precisely on the points.of privity of contract..The case is Trafigura v Kookmin Bank..In this case, Trafigura.sold a cargo of crude oil to Huron and asked to be paid by a letter of credit..Huron's bank Kookmin issued.the letter of credit. The letter of credit.provided for the possibility of payment.against the letter of indemnity issued.in favour of Huron..Trafigura issued the.letter of indemnity to Huron and got paid.by Kookmin Bank. Huron, however, then went into liquidation and did not reimburse.Kookmin Bank for the amount paid and a.letter of credit..Kookmin Bank sought to sue Trafigura under the letter of indemnity.however the court held that Kookmin Bank.was not entitled to do so. Kookmin Bank.was not one of the addresses of the.letter of indemnity and therefore was.not a party to the contract contained in it..To sum up, if you are planning to.issue a letter of indemnity consider.whether you can just issue it to one.party, for example the seller instead of.issuing it to both the seller and the.seller's bank. If you are planning to.authorise payments in exchange for a.letter of indemnity, make sure that.you as the seller or the seller's bank.are one of the parties to whom the.letter of indemnity is addressed, to ensure that you can sue on it later..Prior to countersigning letter of.indemnity the indemnfying bank should.consider very carefully which warranties.it is giving..It may be impossible to.fulfill some of those warranties in.which case the indemnifying bank will.immediately expose itself to liability..A standard letter of indemnity will provide:.This warranty is often the false..At the time the letter of indemnity is issued.the cargo will generally have been loaded..In FOB, CFR and CIF contracts.title generally passes upon loading.hence if the letter of indemnity is.issued after loading the seller will no.longer have title to the goods and will.have no authority to transfer title and.affect delivery..In Euro-Asian Oil v Abilo, Credit Suisse and Dan Igniska, Abilo agreed.to sell Euro-Asian four cargoes of oil.products on CIF Constanza terms..Euro-Asian paid for the cargoes by letters.of credit issued by Credit Agricole..In order to draw under the letters of.credit Abilo was required to present.bills of lading together with other.usual contractual documents or in the.absence of bills of lading - a letter of.indemnity..Abilo presented letters of.indemnity for all four shipments and.Credit Suisse countersigned them..Abilo got paid for all four cargoes but.ultimately only three cargoes were delivered..Euro-Asian asserted that the.warranties contained in the fourth.letter indemnity had been breached..Euro-Asian said that at the time the.letter of indemnity was issued Abilo.no longer had title to the cargo because.the cargo had already been delivered.under an earlier transaction..The court agreed. Even though the cargo was.actually delivered to Euro-Asian both.Abilo and Credit Suisse had to pay.because the warranties contained in the.fourth letter of indemnity had been.breached..Another potential issue with letters of.indemnity is their expiry wording..In Euro-Asian v Credit Suisse the letter of.indemnity provided that it would expire.upon the tender of bills of lading to.the bank issuing the letter of credit..Credit Suisse did actually provide bills.of lading as required under the letter.of credit however this was considered.insufficient because by the time the.bills of lading were provided they had.already been spent in that the cargo.covered by the bills of lading had.already been discharged and sold under.another contract..To avoid these.unfortunate outcomes the bank issuing.letter of indemnity should consider.the warranties which it is giving very.carefully to ensure that the seller can.and does actually fulfill them.In English law there is a difference.between an indemnity and the guarantee..An indemnifying bank is liable to the.buyer and the buyer's bank in the same.way as the seller..A bank which provides.a guarantee is only liable to the buyer.and the buyer's bank if the seller fails.to fulfill the warranties contained in.the letter of indemnity..A bank which.provides a guarantee may also rely upon.the defences available to guarantors under English law..One of such defenses is the modification.of the underlying contractual.relationship between the seller and the.buyer without the bank's knowledge or consent..in Euro-Asian v Credit Suisse,.Credit Suisse submitted that the.relationship between Euro-Asian and Abilo had been modified without Credit.Suisse's consent in that the cargo had.already been delivered to Euro-Asian and.both Euro-Asian and Abilo knew this..However, in view of the nature of Credit.Suisse's obligation which was to indemnify rather than guarantee, this defence did not succeed..If you as a bank are being.asked to countersign letter of indemnity,.you should consider including a.guarantee wording next to your signature.for example, you could say something like this:.I hope this short video was useful.here are my contact details.you can find more useful videos on www.fortiorlaw.com.or on our YouTube channel..

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Pia Indemnity Form FAQs

Here you can get responses to the most FAQs about Pia Indemnity Form. If you have specific problems, select 'Contact Us' at the top of the page.

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Do military members have to pay any fee for leave or fiancee forms?

First off there are no fees for leaves or requests for leave in any branch of the United States military. Second there is no such thing as a fiancée form in the U.S. military. There is however a form for applying for a fiancée visa (K-1 Visa)that is available from the Immigration and Customs Service (Fiancé(e) Visas ) which would be processed by the U.S. State Department at a U.S. Consulate or Embassy overseas. However these fiancée visas are for foreigners wishing to enter the United States for the purpose of marriage and are valid for 90 days. They have nothing to do with the military and are Continue Reading

Why don't schools teach children about taxes and bills and things that they will definitely need to know as adults to get by in life?

You Don't Get The Premium Channels Because they are not the children of the School nor of the State, they are citizens. While it is necessary, it is not done because YOUR family should do this for you, should be making an effort to understand how. The assumption that school is to teach a person about the immensity of life is ridiculous and one of the ways that society leans on school (government) rather than self-empowerment. You get what you pay for. If school is a free public service than you can’t have the premium channels. Now that omission might screw up the usage of those skills but schoo Continue Reading

How do you find out if a company is open to using a staffing agency to fill positions?

Ask them. That's what all the other agencies do. Networking events are great and definitely worth it. But calling or showing up at their business is just as good. At most agencies, either the branch manager or a sales representative do this as a large part of their job.

How can I check my Pia ticket by PNR?

You can check your PNR status by following ways. Check Online PNR Status Online checking process Go to our site PNR Tracker or Indian Railway site and enter your 10 digit PNR number and click on Get PNR status button you will see your current PNR status. You also can check it from IRCTC site if you book your ticket using your IRCTC account. By sending SMS on 139 How to check PNR status by SMS For check PNR status by 139 SMS services sends following message on 139. PNR <your PNR number>For Example: PNR 1234567890 and send this to 139 number after send message you will receive a reply SMS from 139 wit Continue Reading

What is PNR number in PIA ticket?

Check the SMS that you must have received while booking. You can check your train PNR status with details mentioned in the message. Go to the transaction history. If you have booked your tickets through an online account, all the transaction details regarding your PNR status will be mentioned there only.

What is the PNR in E ticket?

PNR means Passenger Name Record is a 10 digit unique number which is allocated per ticket which is valid from date of ticket booking till date of reaching destination. After successful completion of journey your PNR .After successful completion of journey the pnr number automatically flushes out of system/IRCTC server.

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