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因国际市场竞争日益激烈,境外业主一般要求卖方提供见索即付保函或其他类似的独立性银行保函,笔者公司承接的涉外项目,无一例外全是见索即付的独立保函。由于这类独立保函本身具有独立性、单据性和无条件性的特点,因此易发生受益人的欺诈性索款,给申请人带来极大风险。当保函受益人发出索赔通知后,保函申请人有三种救济途径。一是与受益人协商,请求其撤销索赔;二是
Due to the increasingly fierce international market competition, foreign landlords generally require the seller to provide demand-based letter of guarantee or other similar independent bank guarantee. All foreign-related projects undertaken by the Company without exception are all free-of-charge guarantees. Because such independent guarantees are independent, documentary and unconditional in nature, fraudulent claims by beneficiaries are prone to occur, posing a great risk to applicants. When the beneficiary of a guarantee issues a notice of claim, the applicant for the letter of guarantee has three ways of relief. One is to negotiate with the beneficiaries and request that they withdraw their claims;