The Introduction of Article 12(b) in the UCP 600

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motion for order to show cause that was served on you. Print the name of themotion on the blank line. You do not need to check the box next to “hearing requested.” A hearing hasalready been scheduled. The date time and place of the hearing are in theorder to show cause. Paragraph (1): State the facts relevant to the motion that are within the firsthandknowledge of the person signing the statement. This means the personmust have observed the facts personally, rather than being told about thefacts. Paragraph (2): List and attach any documents you want to use to support thefacts. Paragraph (3): You do not need to check the box next to “hearing requested.”A hearing has already been scheduled. The date time and place of thehearing are in the order to show cause. Attach any required documents and forms. Date and sign the form. Complete the Certificate of Service. Serve the form and any attachments on the other party by one of the methodsdescribed in the certificate of service. URCP 5 governs service. File the original form, attachments and certificate of service with the judicialservices representative.(2) Reply Statement (if applicable)If you file a Statement Opposing the Motion, the other party may file a Reply,but only to respond to something being raised for the first time in youropposing statement. If the opposing statement and its supporting documentsmerely make statements of fact and legal arguments against the points madein the motion, then the other party cannot file a Reply. The Reply must be filedand served at least 3 business days before the hearing.(3) Attend the HearingAll motions decided by a commissioner will be decided after a hearing, unlessthe parties agree to the motion.Be sure to attend the hearing. If you fail to attend, a judgment may be enteredagainst you and the commissioner or judge may find you in contempt of court.For more information, see our webpage on Going to Court.2014.04 2
OPINION: [2009] J.I.B.L.R. 28711 Requiring the tender of certaindocuments such as a quality certificateissued by a reputable institution wouldgo some way towards protecting againstfrauds but is not a cure-all solution inthe face of a determined fraudster.12 See art.1(2) of the UCP 600.13 Robert Parson, ‘‘UCP 600 A NewLease of Life for Documentary Credits?Part 1’’ 9–1 (2007) Finance and CreditLaw 1, 3.14 In relation to Banco Santander SA vBayfern Ltd [2000] 1 All E.R. (Comm)776 CA, see Daniel Aharoni & AdamJohnson ‘‘Fraud and DiscountedDeferred Payment DocumentaryCredits: The Banco Santander’’ 15(2000) J.I.B.L.R. 22 at [25]; in relation toCredit Agricole Indosuez v BanqueNationale de Paris [2001] 2 S.L.R. 1,see Soh Chee Seng, ‘‘Deferred PaymentLCs Re-Visited’’ (May 2001)Documentary Credit World 29 (thoughdisapproving the decision itself).reflect the practice or to wait for the practice to be brought in line withthe rules. As the full title of the UCP, ‘‘Uniform Customs and Practicefor Documentary Credits,’’ implies, it should usually be the rules whichshould be adjusted to the practice. However, in the present context, it mustbe doubted whether the introduction of art.12(b) was a step in the rightdirection.[2009] J.I.B.L.R., ISSUE 6 © 2009 THOMSON REUTERS (LEGAL) LIMITED AND CONTRIBUTORS
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The Introduction of Article 12(b) in the UCP 600

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