美国信用证案例 新.docVIP

美国信用证案例1 175 F.3d 245, *; 1999 U.S. App. LEXIS 8007, **; 38 U.C.C. Rep. Serv. 2d (Callaghan) 274 BRENNTAG INTERNATIONAL CHEMICALS, INC., Plaintiff-Appellee, v. BANK OF INDIA, Defendant-Cross-Claimant-Appellant, NORDDEUTSCHE LANDESBANK GZ, Defendant. Docket No. 98-7992 UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT 175 F.3d 245; 1999 U.S. App. LEXIS 8007; 38 U.C.C. Rep. Serv. 2d (Callaghan) 274 February 9, 1999, Argued April 26, 1999, Decided PRIOR HISTORY: [**1] Appeal from an order of the United States District Court for the Southern District of New York (Robert W. Sweet, Judge) preliminarily enjoining Norddeutsche Landesbank GZ from making payment under an irrevocable stand-by letter of credit and the Bank of India from commencing further litigation with respect to the letter of credit or making further attempts to collect. The district court held that preliminary injunctive relief was appropriate because the Bank of India was not entitled to payment from NDL; Brenntag would suffer irreparable harm from erroneous payment because of the insolvency of the beneficiary; and the Foreign Sovereign Immunities Act, 28 U.S.C. §§ 1602-1611, did not prohibit the injunction. We affirm. DISPOSITION: Affirmed. CASE SUMMARY PROCEDURAL POSTURE: Defendant first bank appealed from an order of the United States District Court for the Southern District of New York preliminarily enjoining defendant second bank from making payment under an irrevocable stand-by letter of credit and defendant first bank from commencing further litigation with respect to the letter of credit or making further attempts to collect. OVERVIEW: Plaintiff contracted with seller to purchase naphtha for shipment to a third party. Defendant second bank issued a letter of credit (LOC) at the request of plaintiff made out to the seller as beneficiary and defendant first bank as sellers negotiator bank. The district court enjoined defendant second bank from making payment under the LOC an