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A fresh Singapore High Court decision is a useful reminder of the one thing that really moves courts on standby letters of credit and demand guarantees: hard evidence of fraud. In this dispute, the court upheld an interim injunction preventing payment on a US$2 million advance payment standby instrument issued by Standard Chartered Bank, after finding the demand was made fraudulently.
The dispute arose from a reservation arrangement signed in December 2021. A power project sponsor paid US$2 million to reserve a gas turbine. The bank guarantee was issued in the form of an irrevocable advance payment standby letter of credit for the same amount, governed by English law.
After later changes to the reserved turbine model and an extension of the reservation period, the beneficiary made a demand under the instrument. The applicant sought an injunction to prevent payment pending arbitration, arguing the demand was wrongful.
A bank guarantee structured as an advance payment standby letter of credit. The demand had documentary conditions, including required written statements and supporting notices.
Whether the beneficiary had a valid basis to call for a refund of a non-refundable reservation fee, and whether the underlying agreement had been breached or frustrated.
The court found the agreement was not a supply contract and did not obligate the beneficiary to purchase the turbine, nor obligate the applicant to refund the reservation fee absent a breach. On the record before it, the court concluded the beneficiary knew, or could not honestly believe, that its demand was valid, and the injunction was maintained pending arbitration.
| Stakeholder | What To Do Next |
|---|---|
| Applicants | Treat standby wording like a risk product, not a template. Lock the demand conditions to objective triggers and documentary proof. Keep a clean audit trail on performance. |
| Beneficiaries | Align your demand narrative with the contract record. A demand that stretches the bargain is where fraud arguments start. Submit exactly what the standby requires, nothing improvised. |
| Issuing / Confirming Banks | Expect injunction applications in contentious projects. Documentary discipline and clear “complying presentation” logic still matter, even when courts get pulled in. |
| Deal Teams | If a standby sits inside a broader project timeline, match the expiry, extension mechanics, and call windows to real decision points. Sloppy extensions create avoidable litigation angles. |
Financely supports commercial clients in structuring and packaging SBLC requests so the instrument is acceptable to the beneficiary, consistent with the governing ruleset, and operationally workable in a bank process. Where regulated execution is required, delivery is coordinated through appropriately licensed firms under their own approvals.
If you are preparing an SBLC request, start with beneficiary requirements, purpose, governing law, ruleset preference, and the exact call conditions you can support with documents.
Yes, but it is not routine. The autonomy principle is strong. Courts generally look for clear evidence of fraud (and in some jurisdictions, unconscionability for demand guarantees), assessed under the governing law.
A demand made with knowledge it is invalid, or where the beneficiary cannot honestly believe it is valid. Courts look for documentary contradictions, timing issues, and inconsistencies with the contract record.
Often the commercial function is similar. What matters is the instrument’s wording, ruleset (if any), documentary conditions, and governing law, which together shape the autonomy and exceptions.
Draft for reality. Make call conditions objective, documentary, and tied to the contract’s true risk points. Then keep the evidence file clean from day one.
Financely advises growth-focused businesses on accessing capital by introducing their opportunities to professional investors. Financely is not a securities broker or dealer. Where appropriate, engagements are coordinated with regulated broker-dealers, investment banks, legal counsel, and other specialists.
Financely does not solicit, offer, or accept orders to buy or sell securities and makes no assurance regarding capital-raising outcomes.
Services are strictly business-to-business. Financely does not provide personal finance, consumer credit, or retail advisory services.
Advisory services are reserved for post-revenue companies that recognize the time and resources required for professional underwriting.
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All mandates start with an RFQ. We review submissions, issue a brief Go/No-Go memo, and where bankable, release a Term Sheet that leads to funding. We arrange capital across Senior Secured, Unitranche, Second Lien/Mezzanine, Preferred Equity, and Gap Solutions. We do not process deals by email or chat.
Letters of Credit, Standby LCs, Confirmations, Receivables Finance, and Inventory Lines with control.
Funding arranged for trade flows with instruments sized to your cycle and aligned to delivery and settlement.
Move forward to secure working capital and keep goods moving. Submit the RFQ to start underwriting for funding.
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Financely Inc. (“Financely”) provides corporate-finance advice and is wholly owned by Aurora Bay Trust, a trust formed under Bahamian law, together with its authorized affiliates. Depending on deal structure, jurisdiction, and local rules, engagements may be carried out through Financely Group LLC, a non-deposit-taking, non-banking financial company; Ashford Capital Advisory LLC; or another related entity.
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