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1、保函统一规则 (URDG)-英文 URDG 458 The Uniform Rules for Demand Guarantees Foreword It is nearly 30 years since the ICC first became interested in the use of bank demand guarantees in international trade and set up a Joint Working Party of the Commission on International Commercial Practice and the Commissio
2、n on Banking Technique and Practice to formulate rules designed to provide safeguards against unfair calling and a fair balance of competing interests. The subject proved more intractable than had been thought and some thirteen years elapsed before the publication of the ICC Uniform Rules for Contra
3、ct Guarantees (ICC Publication no. 325). Those Rules sought to deal with the problem of unfair calling by requiring the production of a judgment or arbitral award as a condition of the beneficiarys right to payment. Though Publication no. 325 was used, and continues to be used, to some extent, the r
4、equirements proved too removed from prevailing banking and commercial practice to gain general acceptance. The new ICC Uniform Ru/es for Demand Guarantees (ICC Publication no. 458) reflect more closely international practice in the use of demand guarantees whilst at the same time preserving the goal
5、 of the original rules to balance the interests of the different parties and to curb abuse in the calling of guarantees. The new Rules are4 the product of the extensive work and consultation carried out by a Joint Working Party of the two Commissions under the chairmanship of Dr. Rudolf von Graffenr
6、ied, and completed by a smaller Drafting Group under the chairmanship of Professor Roy Goode. The Uniform Ru/es for Demand Guarantees, which cover not only relations between guarantor and beneficiary but also those arising under counter-guarantees , represent a major contribution to the adoption of
7、uniform practice in this important field of international trade finance. They embody the collective knowledge and experience of ICC National Com-mittees, professional and commercial associations and individual specialists across the world, and provide a natural complement to the ICCs hugely successf
8、ul Uniform Customs and Practice for Documentary Credits, a new revision of which will shortly be completed. The Uniform Rules for Demand Guarantees fulfil an important need and I have no doubt that they will be widely adopted. Meanwhile lCC Publication no. 325 will continue to be available for the t
9、ime being for those who wish to use it and its future will be reviewed at a later date in the light of experience of the new Rules. The ICC would like to express its indebtedness to the chairman of the Commission on International Commercial Practice, Mr. Victor Uckmar, and the chairman of the Commis
10、sion on Banking Technique and Practice, Mr. Charles dei Busto; and to all the members of these two Commissions who contributed to the preparation of the new rules. The ICC also greatly appreciates the work accomplished by the members of the Joint Working Party and of the Drafting Group who elaborate
11、d the Rules, and to the efforts of the respective secretaries to the two Commissions, Guillermo Jimenez and Stefan Draszczyk, and the former Head of Division, Carol Xueref, who was involved in the earlier stages of the work. These Rules apply to any demand guarantee and amendment thereto which a Gua
12、rantor (as hereinafter described) has been instructed to issue and which states that it is subject to the Uniform Rules for Demand Guarantees of the International Chamber of Commerce (Publication N458) and are binding on all parties thereto except as otherwise expressly stated in the Guarantee or an
13、y amendment thereto. Article 2 a) For the purpose of these Rules, a demand guarantee (hereinafter referred to as Guarantee) means any guarantee, bond or other payment undertaking, however named or described, by a bank, insurance company or other body or person (hereinafter called the Guarantor) give
14、n in writing for the payment of money on presentation in conformity with the terms of the undertaking of a written demand for payment and such other document(s) (for example, a certificate by an architect or engineer, a judgment or an arbitral award) as may be specified in the Guarantee, such undert
15、aking being give i) at the request or on the instructions and under the liability of a party (hereinafter called the Principal); or ii) at the request or on the instructions and under the liability of a bank, insurance company or any other body or person (hereinafter the instructing Party) acting on
16、 the instructions of a Principal b) Guarantees by their nature are separate transactions from the contract(s) or tender conditions on which they may be based, and Guarantors are in no way concerned with or bound by such contract(s), or tender conditions, despite the inclusion of a reference to them in the Guarantee. The duty of a Guarantor under a Guarantee is to pay the sum or sums therein stated on the pres
