AM. EXP. BANK LTD. v. BANCO ESPAÑOL DE CRÉDITO

No. 1:06-cv-03484-RJH.

597 F.Supp.2d 394 (2009)

AMERICAN EXPRESS BANK LTD., Plaintiff, v. BANCO ESPAÑOL DE CRÉDITO, S.A., Defendant.

United States District Court, S.D. New York.

February 11, 2009.


Attorney(s) appearing for the Case

David Mark Rabinowitz, Michael Evan Avidon, Moses & Singer LLP, New York, NY, Plaintiff.

Stephen James Marzen, Shearman & Sterling LLP, New York, NY, for Defendant.


MEMORANDUM OPINION AND ORDER

RICHARD J. HOLWELL, District Judge.

This case is about international demand guaranties, a form of commercial credit used to secure the performance of international construction contracts. In particular, it involves a bank's attempts to enforce another bank's counterguaranties, despite the fact that it has refused to pay the primary guaranties on the ground that demand was made in bad faith.

The banks' dispute originates...

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