14 Apr 2021
CYEN RESOURCES SDN ACI CHEMICALS ASIA INC (KOREA)
- Citation
- WA-24C(ARB)-14-06/2020 (Mahkamah Tinggi)
- Court
- ARB
- Case number
- WA-24C(ARB)-14-06/2020 (Mahkamah Tinggi)
The court refused to grant the injunctions because the defendant presented documents that constituted a complying presentation under the LC and UCP600, the LC is a primary payment instrument not a performance bond so the unconscionability test does not apply, and the plaintiff failed to prove fraud; the setting-aside of the ex‑parte order also failed because alleged non‑disclosures were not materially decisive.