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Lloyd's Law Reporter

ING BANK NV V INDUSTRIAL AND COMMERCIAL BANK OF CHINA LTD

[2024] HKCFI 2220, HKSAR High Court, Court of First Instance, Anthony Chan J, 23 August 2024

Banking – Forum non conveniens – Documents against payment transaction – BuyerÂ’s bank releasing documents to buyer – Stay – Clearly and distinctly more appropriate forum – ICC Uniform Rules for Collections 522

The claimant ING was a Netherlands bank and the collecting bank for the seller, T, in 30 international sales contracts for copper cathodes. The defendant ICBC was a Mainland Chinese bank listed on the Hong Kong stock exchange which carried on business in Hong Kong. At the material time, it maintained branches in Xi’an.

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