The Fraud Rules in the Letter of Credit under Jordanian Legal System

Emad Mohammad Al Amaren, Che Thalbi Bt Md. Ismail, Mohd Zakhiri bin Md. Nor


Letter of credit (L/C) has a massive role in expanding international trade operations. It is considered the most secure and stable banking service to finance foreign trade operations such as import and export. As an international contract, potential legal issues arise due to fraud practices. In this case, L/C users have to be aware of different approaches followed by domestic courts while dealing with fraud at the international level. This paper aims to identify the fraud means under the fraud rule governing L/C and its impact on Jordan's practice. By applying a qualitative and doctrinal legal approach, this paper analyses the lack of organization of the uniform customs and practice for the letter of credit (UCP No. 600). It also examines, via interviews with Jordanian judges, the perceptions of the Jordanian courts' policy regarding the fraud rule exception in L/C. The finding reveals that to protect the interests of all parties in a letter of credit transaction, Jordanian courts should extend the scope of fraud to cover sale contracts fraud in cases where bona fide holder is involved and when a confirming bank is absent, or when the credit amount has not been paid yet by the issuing bank. In respect of the bank practices, such special provisions implemented to commercial code must be issued due to the lack of legal provisions of the L/C in Jordan legislation.


Fraud Rule; Jordanian Courts; Jordanian Legal System; Letter of Credit

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Abdallah Alrabei, Ali Mahmoud. “Perception of Jordanian Banks Employees on the Relationship between Accounting Information Quality (AIQ) and Documentary Credits.” International Journal of Applied Business and Economic Research 15, no. 26 (2017): 409–19.

Al-Amaren, Emad Mohammad, Che Thalbi Bt Md Ismail, and Mohd Zakhiri Bin Md Nor. “The Blockchain Revolution: A Game-Changing in Letter of Credit (l/C)?” International Journal of Advanced Science and Technology 29, no. 3 (2020): 6052–58.

Al Quḍāh, Maḥmūd. qānūn āuṣūl al-muḥākamāt al-madanyah watanẓīm al-qaḍāʾī fī al-āurdun”. Amman: Dār al-Thakafah for Publishing and Distributing, 1992.

Al Kharābshih, Isrāʾ. “al-ghuṣh fī alʿqd al-āsāsī kā-istithnāʾ ʿlá mabdāʾ al- īstiqlāl fī al-iʿtimād al-mustanadī”. Master’s Thesis., University of Jordan, 2010.

Aladwan, Zaid. “The Implementation of the Fraud Exception Rule: A Comparative Study.” Journal of Financial Crime 27, no. 3 (2020): 977–93.

Alavi, Hamed. “Autonomy Principle and Fraud Exception in Documentary Letters of Credit, a Comparative Study between United States and England.” International and Comparative Law Review 15, no. 2 (2018): 47–68.

———. “Mitigating the Risk of Fraud in Documentary Letters of Credit.” Baltic Journal of European Studies 6, no. 1 (2016): 139–56.

———. “Remedies to Fraud in Documentary Letters of Credit: A Comparative Perspective / Opravné Opatrenia Pri Podvodoch S Dokumentárnymi Akreditívami: Komparatívna Perspektíva.” EU Agrarian Law 5, no. 1 (2016): 1–13.

Alawamleh, Kamal Jamal Awad. “Documentary Credits and Independent Guarantees: A Critique of the ‘Fraud Exception’ Position in English and Jordanian Law.” University of Central Lancashire, 2013.

Buckley, Ross. “The 1993 Revision of the Uniform Customs and Practice for Documentary Credits.” The George Washington Journal of International Law and Economics 28 (1994): 265.

Buckley, Ross P, and Xiang Gao. “Development of the Fraud Rule in Documentary Credit Law: The Journey So Far and the Road Ahead.” U. Pa. J. Int’l Econ. L. 23 (2002): 663.

———. “The Development of The Fraud Rule in Letter of Credit Law: The Journey So Far and The Road Ahead.” U. Pa. J. Int’l Econ. L 23, no. 4 (2014): 663–712.

Chathura Warnasuriya. “Fraud Unravels All; Do Fraudulent Documents Invalidate A Letter of Credit? Chathura Warnasuriya .” KDU Law Journal 1, no. 1 (2021): 17–31.

CheHashim, Rosmawani, and Nurul Shahnaz Mahdzan. “Fraud in Letter of Credit Transactions: The Experience of Malaysian Bankers.” International Journal of Law, Crime and Justice 42, no. 3 (2014): 224–36.

Dalhuisen, Jan H. Dalhuisen on International Commercial, Financial and Trade Law. 2nd ed. Hart Publishing, 2004.

Decision issued by Jordanian Court of Cassation, no 1215/2005.

Decision issued by Jordanian Court of Cassation, no 835/2004.

District court of Amman Decision No. 407/2009.

Helo, Kamal Jamal Alawamleh and Shadi Helo Abu. “Fraud in the Documents and the Underlying Contract in Letters of Credit under Jordanian and English Law: A New Prerequisite?” Journal of Financial Crime, 2020.

Hwaidi, Mohd. “Four Uncertainties around the Fraud Exception in Documentary Letters of Credit under English Law.” The Journal of International Maritime Law 12, no. 732 (2012): 39–56.

ICC, International Maritime Bureau of the. Trade Finance Fraud : Understanding the Threats and Reducing the Risk : A Special Report. Paris: Distributed by ICC, 2002.

International Chamber of Commerce, Documentary Credits Regulations “Uniform Custom and Practice,” No. 600 (2007).Islam, Shohana and Ahamed, Shamim. “Preventing Letter of Credit Fraud.” DIU Journal of Business and Economics 3, no. 2 (2008): 1–12.

Jordanian Civil Law No. 43 of 1976.

Judge Mohammed Al Amareen, An Active Judge in court of appeal (Irbid- Jordan). Inter-view by author, Irbid-Jordan, August 13, 2019.

Judge Saeed Ajlouni, An Active Judge in the court of First instance (Irbid- Jordan) Inter-view by author, Irbid-Jordan, August 14, 2019.

Judge Zaid Sanosi, An Active Judge in court of appeal (Irbid- Jordan) Interview by author, Irbid-Jordan, August 12, 2019.

Meral, Nevin. “The Fraud Exception in Documentary Credits: A Global Analysis.” Ankara Bar Review 39, no. 2 (2012): 41–76.

Mohammad, Emad, and Al Amaren. “Documentary Letter of Credit in Conventional and Islamic Banks in Jordan Documentary Letter of Credit in Conventional and Islamic Banks in Jordan,” no. April (2020).

Monteiro, Felicity. “Documentary Credits: The Autonomy Principle and the Fraud Exception: A Comparative Analysis of Common Law Approaches and Suggestions for New Zealand.” Auckland University Law Review 13 (2007): 144–70.

Rafique, Rushmila Bintay, and A. Vijayalakshmi Venugopal. “Preventive Measures To Mitigate the Risk of Fraud in Letters of Credit Transactions in Malaysia.” UUM Journal of Legal Studies 12, no. 2 (2021): 27–49.

Rutten, Lamon. “A Primer on New Techniques Used by the Sophisticated Financial Fraudsters with Special Reference to Commodity Market Instruments.” UNCTAD 11 (2003): 7.

Soehartono, Kukuh Tejomurti, Arsyad Aldyan, and Rachma Indriyani. “The Establishing Paradigm of Dominus Litis Principle in Indonesian Administrative Justice.” Sriwijaya Law Review 5, no. 1 (2021): 42–55.

The unified commercial code of the United States, 5-109 “Forgery and Fraud”.

Tolia, Ioanna. “Recognized Exceptions to the Autonomy Principle in Documentary Letters of Credit : A Global Analysis,” no. February (2018).

United Nations, “United Nations Convention on Independent Guarantees and Standby Letters of Credit.” (1996).

Wang, Baojie. “Discussion on Internationalization of Punishment of L/C Fraud and Legal Remedy.” Politics and Law 87 (2005): 87–88.

Xiang, Gao, and Ross P. Buckley. “A Comparative Analysis of the Standard of Fraud Required Under the Fraud Rule in Letter of Credit Law.” Duke Journal of Comparative & International Law 13 (2003): 293–336.

Zhang, Yanan. Approaches to Resolving the International Documentary Letters of Credit Fraud Issue, 2011.

———. “Can Soft Clauses in Letter of Credit Transactions Be Considered Letter of Credit Fraud in China ? By Nordic Journal of Commercial Law to the Buyer and Seller . 2 The Terms and Conditions Governing Letter of Credit Transactions Are Issued by the Internatio.” Nordic Journal of Commercial Law 15, no. 1 (2011): 1–20.



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