国际EPC合同中的银行保函研究

Bank Guarantees in International EPC Contract

分析国际EPC合同中见索即付银行保函的特征,并对常见的投标保函、预付款保函、履约保函、质保金保函进行剖析,指出承包商在履约担保过程中应注意的风险。以中国和伊朗的相关立法为例,对见索即付银行保函的法律适用进行对比,揭示在适用准据法时的不确定性风险。进一步指出承包商应注意见索即付银行保函的转开、转递和欺诈的风险。

This paper analyses the characteristics of First Demand Guarantee and dissects the Bid Bond, Advance Payment Bond and Performance Bond as well as Maintenance Bond which are commonly required/used in international EPC contracts and cautions against some risks encountered during the performance of a bank guarantee. Standby Letter of Credits, which has similar characters as of First Demand Guarantee are generally used in some countries such as America and Japan. Taking the relevant legislations of China and Iran as an example, the author contrasts the application of laws of the two countries and discovers certain risks while applying the proper laws. Moreover, the author indicates the risk of performing the First Demand Guarantee in some respects such as en-dorsements, authentications etc which may lead to some fraudulence.