Silent Confirmation Agreements
The confirming bank is the bank that adds its confirmation to a credit on authorization or request from the issuing bank. A silent confirmation letter looks like an official loan. It also has the protection of a foreign bank that supports a domestic bank, but the national bank has the opportunity to negotiate terms and prices with the seller. An official confirmation letter corresponds to a confirmed loan. The seller poses a very low risk when making a sale to a customer who has received a formal confirmation letter. The only way the seller is not paid is when the buyer, the domestic bank and the foreign bank are all late with the payment. „Silent confirmation,” although usually, is a dangerous and dangerous device. This situation is illustrated by Greenhill International Pty Ltd v Commonwealth Bank of Australia  SADC 7. In a creditor issued by a bank and received by a buyer, it is indicated that the bank will repay the payment if the buyer does not. Formal and silent confirmation letters are types of letters of credit. Instead of simply informing the recipient that it has agreed to negotiate the loan, KBA entered into an agreement called „tacit confirmation.” The essential conditions of the agreement were that instead of following this simple and effective procedure, designated banks sometimes choose to enter into separate agreements with the beneficiary that purport to „validate” the credit under certain conditions.
The conditions are always unfavourable to the beneficiary, the procedure is called „tacit confirmation”. The „contract law,” if it is an accreditation contract, is the place where the documents are to be presented and the credit honoured.21 This place was clearly considered to be in Australia and, since the defendant was designated as an advisory and designated bank, probably South Australia. A court will not intervene in a claim as part of a credit, except in the most exceptional circumstances. In Australia, this includes beneficiary fraud, the unacceptable and „negative conditions” in the underlying contract.5 Article 1 UCP 600, which also stems from the rules governing the conflict between explicit terms and conditions introduced by reference. Power Curber International Ltd v National Bank of Kuwait SAK  1 WLR 1233 (2019). Silent confirmation and some of his questions in the law of letters of credit. Journal of Law Research, 21 (84), 267-298. 10.22034/jlr.2018.120584.1127 In January 2009, the defendant wrote to the applicant claiming to use the right of appeal. It debited the applicant`s accounts from the amounts advanced at the same time as the interest. The applicant challenged this appeal for several reasons.
. Costello J. also found that the applicant had argued that the defendant had violated the tacit provisions of the agreement. He acknowledged that there were unspoken conditions under which the defendant encouraged all necessary measures to become insolvent in the event of default by the BOI.13 Section 12 UCP 600 defines the status of a designated bank. The appointment does not require the designated bank, unless the bank has expressly agreed to it and the agreement is notified to the beneficiary. The mere receipt of documents or receipt, accompanied by the examination, does not make the designated bank`s responsibility to the beneficiary. The unacceptable provisions of the Competition and Consumer Protection Act are one way to prevent this practice. In a Bond performance case, Skodaexport,23 Batt J found that the action under its strict legal rights could be „unacceptable” for the purposes of the law.
The use of standby credit was also found to be unacceptable in Boral Formwork – Scaffolding Pty Ltd/Action Makers Ltd (administrative bankruptcy)  NSWSC 713. Assuming that the loan did not provide for a legal choice, the defendant bank could easily have brought an action against BOI in Australia, probably by default judgment. If the bank were not a designated bank, the form of the agreement would be appropriate.