Legal Publications
List
of Peter Ellinger’s Publications on Legal Topics
Books
and Book-Length Chapters in Co-Authored Books
1. Documentary Letters of Credit
- A Comparative Study (revised D. Phil. thesis, comparing English, American,
French and German law);
2. “Bills of Exchange and
Banking” being Chapter 3 of Vol. 2 of Chitty on Contracts; London, Sweet
and Maxwell: 23rd ed., 1968, pp. 162 - 242; 24th ed., 1977, p. 135 - 278; 25th
ed., 1983, pp. 2451 - 2588; 26th ed., 1989, pp. 179 - 390; 27th ed, 1994,
[Chap. 33], pp. 173 – 391, 27th ed. 1999, [Chap. 33], pp. 170 – 379; 28th
ed., 1999, [Chap. 34], pp. 169-376 {plus
3rd Supp.); 29th
ed. 2004 [Chap 34; with Prof. R.H.A. Hooley], pp. 253 – 497.
3. Chapters on the Financing of
Sales by Banking Devices in Benjamin’s Sale of Goods; London, Sweet and
Maxwell: 1974 ed., Chaps 22 - 25, pp. 968 - 1155; 2nd ed., 1981, Chaps 22 - 24
[chapter on exchange control having become redundant], pp. 1077 - 1262; 3rd
ed., 1987, Chaps 22 - 24, pp. 1371 - 1516; 4th ed., 1992, Chaps 22 - 24, pp. 1375
- 1619; 5th ed. 1997, Chaps 22 - 24, pp. 1569 – 1837; 6th ed. 2002,
Chaps. 22 – 23, pp. 1549 – 1766; 7th ed. 2006, Chaps 22-23, pp. 1851
– 2090.
4. Modern Banking Law; OUP
at the Clarendon Press, 1987; 1xv + 616 pp. (2nd impression 1989); 2nd
ed. 1994; lxxvii + 756 (with Professor Eva Lomnicka of King’s College London);
3rd ed. 2002, 1xxiv + 839 (with Professor Eva Lomnicka and Richard
Hooley); 4th ed. (renamed
“Ellinger on Modern Banking Law”) 2005; 5th ed. (with Professors Eva
Lomnicka and C.V.M. Hare 2011).
5. Negotiable Instruments;
being chapter 4 in Vol. IX of the Encyclopaedia of Comparative Law, published
by the Max-Planck Institute of Comparative Law in Hamburg; 2000; 192 pp.
6. General Editor, Halsbury’s
Laws of Singapore; Vol. 12: Banking & Finance; Lexis Nexis
(Butterworths); 2003; Lxxxv + 576 (pp.)
7. The Law and Practice of
Documentary Letters of Credit (with Dora Neo); Hart Publishing Oxford
2010).
Shorter Chapters
and Articles in Books
1. Chap 12 - “Banking” (New Zealand
Section) in Halsbury’s Laws of England; Australia and New Zealand Commentary;
4th ed., 1976; pp. 1 - 38.
2. Chap 3 on “Banking Law and
Practice” in Annual Survey of Law;
3. Chap 17 on “Banking Law and
Practice” in Annual Survey of Law;
4. “Letters of Credit” in Transnational
Law of International Commercial Transactions; (Horn & Schmitthoff,
Eds.);
5. Chap 17 on “Banking Law and
Practice” in Annual Survey of Law;
6. “Documentary Credits and
Fraudulent Transactions” in Current Problems of International Trade
Financing; Singapore International Business Law Series, Vol. 1, 1983, pp.
185 - 234 (revised for 2nd ed., 1990, pp. 139 - 187).
7. “Aspekte des Antitrust Law in
Australien,” in Internationales Privatrecht und Wirtschaft;
8. “Electronic Fund Transfers in an
Immediate Payment System”, in Electronic Banking - the Legal Implications
(Ed., Goode);
9. “Some Defences for Wrongful
Payments by Banks,” in Butterworth’s Banking & Financial Law Review
1987;
10. "Extraterritorial Aspects of
Banking and Corporate Financial Operations,” in Current Developments in
International Banking and Corporate Finance;
11. “Law of Letters of Credit”, in Law
of International Trade Finance (Horn Ed.);
12. “Banking and Securities” in Review
of Judicial and Legal Reform in Singapore between 1990 and 1995;
13. “Modern Trends in Banking Law” in Contemporary
Issues in Commercial Law (Liber Amicorum Professor A.G. Guest),
14. “The Doctrine of Strict
Compliance: its Development and Current Construction” in Lex Mercatoria
(Festschrift in Honour of
Contributions to Legal
Periodicals
1. “Does an Irrevocable Credit
Constitute Absolute Payment - Saffron v. Sociètè Minieré Cafrika,” (1961) 24 Modern
Law Review 530 - 533.
2. “The Autonomy of Letters of
Credit”, (1962) 4
3. “Privity of Contract under
Section 56(1) of the Law of Property Act 1925”, (1963) 26 Modern Law Review
24 - 53.
4. “Protection of Collecting Banker
- Orbit Mining and Trading Co v. Westminster Bank Ltd., (1963) 5 Malaya
Law Review 174 - 177.
5. “Protection of Discounting
Banker - Reduction of Overdraft”, (1963) 5 Malaya Law Review 178 - 179.
6. “Irregular Indorsements”, (1963)
5 Malaya Law Review 406 - 407.
7. “Letter of Credit: Buyer’s
Action against Confirming Banker - Dulien Steel Products Inc v Bankers’
Trust Co.”, (1963) 26 Modern Law Review 713 - 718.
8. “Strict Compliance with Terms of
a Documentary Credit - Overseas Union Bank Ltd. v Chua Teng Hwee”,
(1964) 6 Malaya Law Review 417 - 424.
9. “The Tender of Fraudulent
Documents under Documentary Letters of Credit”, (1965) 7 Malaya Law Review
24 - 53.
10. “The Relationship between Buyer
and Banker under Documentary Letters of Credit,” (1965) 7 University of
Western Australia Law Review 40 - 70 (later published as chapter of my
first book).
11. “Buyer’s Remedies when Seller does
not have Right to Sell Goods”, (1968) 5 Victoria University of Wellington
Law Review 279 - 308.
12. “The Hire Purchase and Credit
Sales Stabilisation Regulations”, (1969) 4 New Zealand Universities Law
Review 279 - 308.
13. “Travellers’ Cheques and the Law”,
(1969) 19 University of Toronto Law Journal 132 - 156.
14. “Payment and Collection of
Cheques”, (1970) 9
15. "Transitory Finance” (with A.H.
Angelo), (1973) 4 Journal of Maritime Law and Commerce (US) 543 - 576.
16. “Chattels Securities in
17. “New Zealand Newsletter” in Australian
Business Law Review (with D.W. McLauchlan); contributed regularly during
1973 - 1977.
18. “Does an Irrevocable Credit
Constitute Payment - Maran Road Saw Mill v. Austin Taylor & Co”,
(1977) 40 Modern Law Review 91 - 96.
19. “Securitibank’s Collapse and the
Commercial Bills Market of New Zealand,” (1978) 20 Malaya Law Review 84
- 110.
20. “Standby and Performance Credits”,
(1978) 6 International Business Lawyer 604 - 640.
21. “Legal Research - Techniques and
Ideas” (with K J Keith), (1979) 10 Victoria University of Wellington Law
Review 1 - 18.
22. “Problems of Standby Credits in
23. “Unconscionable Contracts - A
Comparative Study” (with A H Angelo), (1979) 4 Otago Law Review 300 -
339.
24. “International Negotiable
Instruments” (comment), [1979] Papers of the Sixth International Trade
Seminar - Canberra 99 - 110.
25. “Multicurrency Clauses in
International Contracts” (with M.D.H. Smith), [1980] Papers of the Seventh
International Trade Law Seminar -
26. “Overdrafts and Acceptance Credits
in Malaysian Banking Practice”, (1980) 1 Law Asia 173 - 176.
27. “Fraud in Documentary Credit
Transactions”, [1981] Journal of Business Law 258 - 270.
28. “Aspects of International Trade
Financing in
29. “Assignment and Presentation of
Documents in Commercial Credit Transactions” (with R. Eberth), (1982) 24 Arizona
Law Review 1201 - 1223 (special issue, a Letter of Credit Symposium).
30. “Liability of Paying Bank in
respect of Cheques Altered without Authority”, (1982) 1 Oxford Journal of
Legal Studies 459 - 465.
31. “Tender of Documents by Assignee
of Letter of Credit” (with R. Eberth), (1983) 1 International Banking Law
107 - 108.
32. “Deferred Payment Credits” (with R.
Eberth), (1983) 14 Journal of Maritime Law and Commerce (US) 387 - 416.
33. “The Fraud Rule after United
City Merchants v. Royal Bank of Canada”, (1983) 11 Australian Business
Law Review 118 - 131.
34. “Attaching Amounts due under
Letters of Credit in France” (with R. Eberth), (1983) 1 International
Banking Law 113 - 115.
35. “Documentary Credits : Measure of
Damages for Bank’s Wrongful Dishonour of Letter of Credit” (with R. Eberth),
(1983) 2 International Banking Law 14 - 16.
36. “Documentary Credits - Deferred
Payments and the Uniform Customs and Practice for Documentary Credits” (with R.
Eberth), (1983) 2 International Banking Law 50 - 51.
37. “The Liggett Doctrine - A Banker’s
Last Resort” (with C. Y. Lee), (1984) 3 Lloyd’s Maritime and Commercial Law
Quarterly 459 - 476.
38. “The Uniform Customs - their
Nature and the 1983 Revision”, (1984) 4 Lloyd’s Maritime and Commercial Law
Quarterly 578 - 606.
39. “Banker’s Liability for Paying
Fraudulently Issued Cheques”, (1984) 5
40. “The MacMillan Doctrine Reviewed
in
41. “Discount of Letter of Credit”,
[1984] Journal of Business Law (
42. “Jurisdiction in Letter of Credit
Cases”, [1984] Journal of Business Law (
43. “Performance Bonds - Ambit of
Fraud Rule Widened”, [1985] Journal of Business Law (
44. “Reasonable Time in the
Examination of Documents”, [1985] Journal of Business Law (
45. “Extraterritorial Aspects of Bank
Secrecy”, [1985] Journal of Business Law (
46. “Transfer of Documentary Credit”,
[1986] Journal of Business Law (
47. “The Giro System and Electronic
Transfers of Funds” [1986] Lloyd’s Maritime and Commercial Law Quarterly
178 - 217.
48. “The Drawer’s Right of Subrogation
Revisited”, [1986] Journal of Business Law (UK) 399 - 404.
49. “Performance Bonds, First Demand
Guarantees and Standby Letters of Credit - A Comparison”, [1987] 2 Letters
of Credit Report (US) 1 - 14.
50. “Bank’s Actual or Constructive
Notice of Dishonest Dealings”, [1987] Journal of Business Law (UK) 476 -
480.
51. “Bank Secrecy under the Banking
Act of
52. “EEC Bank Secrecy Provisions - Hillegom
Municipality v. Hillenius”, [1987] Lloyd’s Maritime and Commercial Law
Quarterly 251 - 255.
53. “Reflections on Recent
Developments Concerning the Relationship of Banker and Customer” (1988) 14
Canadian Business Law Journal 129 - 170.
54. “New Problems of Strict Compliance
in Letters of Credit” [1988] Journal of Business Law (
55. “Use of NCDs as Security” [1989] Journal
of Business Law (
56. "New Cases on the Bank as
Constructive Trustee” [1989] Journal of Business Law (
57. “Banks and Extra-Territorial
Orders” [1989] Lloyd’s Maritime and Commercial Law Quarterly 363 - 370.
58. “Bankers’ Liability for Advice
Respecting Currency Transactions”; and “New Cases on Bank’s Duty as Fiduciary”,
[1989] Journal of Business Law (UK) 409 - 504.
59. “Developments in Letters of Credit
Law”, [1990] Journal of Business Law (
60. “Banks and Compound Interest”,
[1990] Journal of Business Law (
61. “Legal Problems of Modern
Commercial Paper”, (1990) 6 Banking and Finance Law Review (
62. “Bank’s Right to Rely on
Borrower’s Audited Accounts” [1991] Journal of Business Law (UK) 170 -
175.
63. “New Cases on Letters of Comfort”
[1991] Journal of Business Law (
64. “Reflections on Letters of
Comfort” [1991] Singapore Journal of Legal Studies 1 - 12.
65. “Non Transferable Cheques - A
Recent Development in Singapore” [1991] 3 Malayan Law Journal xxv-xxix.
66. “Is there a Need for
Non-Transferable Cheques?” (1992) 108 Law Quarterly Review 15 - 19.
67. “Tracing and Bank’s Position as
Constructive Trustee” [1992] Journal of Business Law (UK) 77-84
68. "Consideration for a Bill of
Exchange - an Old Issue Reconsidered”, (1992) 3 Singapore Academy of Law
Journal 308 - 314.
69. “Mareva Injunction in Tracing
Action” [1992] Journal of Business Law (
70. “Unconscionable Contracts : A
Comparative Study of the Approaches in
71. “The Cheques Act 1992” [1993] Journal
of Business Law (
72. “The Uniform Customs and Practice
1993 [the UCP-500]: a Brief Review of their Salient Points” [1994] Journal
of Business Law (
73. “The Bank as a Fiduciary and as a
Constructive Trustee” (1994) 9 Banking & Finance Law Review (
74. “The Uniform Customs and Practice
for Documentary Credits - the 1993 Revision” [1994] Lloyd’s Maritime and
Commercial Law Quarterly 377 - 406.
75. “Negotiation Under Article 10(b)
of the UCP 500” [1995] 1 Documentary Credits Insight (published by
ICC.), Issue 1, pp. 12 - 13.
76. “Construction of Provisions of the
Banking Act 1987 et al” [1995] Journal of Business Law (UK) 575 - 585.
77. “The Uniform Rules for Collection”
[1996] Journal of Business Law (
78. “Duties of the Advising and
Issuing Banks under UCP Article 14” [1997] 3 Documentary Credits Insight
(published by ICC), Issue 2, pp. 9 - 11.
79. “Developments in Banking Law”
[2000] Journal of Business Law (
80. “Silent Confirmations and À Forfait Financing” [2001] Documentary
Credit World (May Issue) (published by the
81. “The Malaysian Exchange Control
Measures: Discussion of the Market’s Reaction and the Shenyin Case” [2002] Banking &
Finance Law Review (Canada) 18.1 pp. 111 – 128.
82. “Trust Receipt Financing” [2003] Journal
of International Banking Law and Regulation (
83. “Assignment of the Proceeds of
Letters of Credit” [2004] Annual Survey of Letter of Credit Law and Practice
52 - 57 {originally published in March 2003 issue, pp. 48 – 54).
84. “The UCP-500: Considering a New
Revision” [2004] Lloyd’s Maritime and Commercial Law Quarterly 25-40 {re-published
in [2006] Annual Survey of Letter of Credit Law and Practice 101 – 113};
85. “Liability of Bank when Crossed
Cheque is Collected Overseas” (2004) 120 Law Quarterly Review 226 – 229;
86. “Use
of Some ICC Guidelines” [2004] Journal
of Business Law (
87. “Banking Law: Important Recent Cases”
[2004] Journal of Business Law (
88. “Aspects of Bank Secrecy in
Singapore” (2004) 20 Banking & Finance Law Review (Canada) 137 -154;
89. “Absolute Assignment of a
Company’s Book Debts – Is Registration Required?” [2004] Singapore
Journal of Legal Studies 547-550;
90. “Effect of False
Certification: Niru Battery Manufacturing Co. v. Milestone Trading Ltd. (2005) 121
Law Quarterly Review 51 – 55;
91. “Irrevocability of CHAPS Transfer:
Tayeb v. HSBC Bank plc. (2005) 121
Law Quarterly Review 48 – 51;
92. “The
Uniform Customs and Practice for Documentary Credits (the UCP) - their
Development and the Current Revision” [2007] Lloyd’s Maritime and Commercial
Law Quarterly 195 – 223, reprinted with permission in [2008] Annual Survey of Letter of Credit
Law and Practice 144 – 168};
93. “Legal Position of
Reimbursing Bank” [2007] Journal of International Banking Law and Regulation (UK) {cited as J.I.B.L.R.} 507 – 514.
94. “The Beneficiary’s Bank in
Documentary Credit Transactions” (2008) 124 Law Quarterly Review 299 – 317;
95. “Fifty Years of Banking Law” (2008)
24 Banking & Finance Law Review (Canada) 378 – 419 (Professorial
Lecture delivered at the Faculty of Law, National University of Singapore on October, 2007);
96. “Expert Evidence in Banking Law” [2008] Journal of International Banking Law and Regulation (UK) {cited as J.I.B.L.R.} [23(11) 557 – 567.
97. “Banking Law and Practice”
(Valedictory Lecture, delivered on 22 May 2013 and published in Singapore Journal of Legal
Studies: [2013] SLJS 24 – 44).
98. “Rejection of Documents Tendered
under a Letter of Credit – Fortis Bank v. Indian Overseas Bank” [2013]
Lloyd’s Maritime and Commercial Law Quarterly 1 – 5.
99. “Banking Law and Practice: Quo
Vadis” (2016) 31 Butterworth Journal of International Banking and Financial
Law 3 – 5.
Contributions to
Professional (Non-Legal) Periodicals
1. “The Crossed Cheque” (1969) 48 The
Accountants Journal (
2. Regular notes in The New
Zealand Banker, 1969 - 1973.
3. “Cheques Truncation”, Rajah
& Tann, Law Lines, Vol. 3 Issue 3, September 2001.
4. “Aufstieg in die erste
Liga – Die Banken des Stadtstaates befinden sich mitten in einer
Konsolidierungsphase”, Asia Bridge, November 2001 (with Thomas
Weidlich).
5. “Recent Legal Developments In
the Process of Clearing of Cheques”, Rajah & Tann, Law Lines, Vol. 2
Issue 4, December 2000/January 2001.
1. “Validation of Cheques after
Death”, submitted by the Contracts and Commercial Law Reform Committee to the
2. “Working Paper on the Reform of
the Moneylenders Act 1908”, drafted for circulation by the Contracts and
Commercial Law Reform Committee in 1971 (wrote major part of paper).
3. “Report Concerning a Proposed
Revision of the Commercial Laws of the
4. “Report on the Revision of the
Commercial Laws of the South Pacific Island Countries”, submitted to the
Director of the South Pacific Bureau for Economic Cooperation in 1976.
5. “Report to the Minister of
Justice on Credit Contracts”, submitted by the Contracts and Commercial Law
Reform Committee in February 1977 (drafted bulk of report).
6. “Report of the Working Party on
Negotiable Instruments”, presented to the Secretary for Justice (
7. “Misrepresentation and Breach of
Contract”, submitted by the Contracts and Commercial Law Reform Committee to
the New Zealand Minister of Justice in January 1978 (revised version)
(participated in some of the sessions concerning the report, held before my
departure from New Zealand).
8. “Submissions on the Cheques
Bill”, submitted by the Business Section of the Law Council of Australia to the
Attorney-General in 1983.
9. “Report on the Proposed
International Arbitration Centre”, submitted by the Working Party appointed by
the Attorney-General in September 1988 (participated in the discussions and
commented on the draft Reports prepared by the Chairman).
10. “Independent Guarantees and
Standby Letters of Credit” - Report of the Working Group on International
Practices on the drafting of a Uniform Law in point, submitted to the United
Nations Commission on International Trade Law (“UNCITRAL”) in November 1991
(commented on the Report and on the draft Model Law).
11. “Comments on the United Nations
Convention on Independent Guarantees and Stand-by Letters of Credit” submitted
at the request of the Attorney-General of the Republic of Singapore (August
1996).
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