Indiana Code 26-1-5.1-116. Liability of issuer, nominated person, or advisor; governing law; bank branches; rules of custom or practice; choice of forum
(b) Unless subsection (a) applies, the liability of an issuer, nominated person, or adviser for action or omission is governed by the law of the jurisdiction in which the person is located. The person is considered to be located at the address indicated in the person’s undertaking. If more than one (1) address is indicated, the person is considered to be located at the address from which the person’s undertaking was issued.
Terms Used In Indiana Code 26-1-5.1-116
- Judgment: means all final orders, decrees, and determinations in an action and all orders upon which executions may issue. See Indiana Code 1-1-4-5
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
(d) A branch of a bank is considered to be located at the address indicated in the branch’s undertaking. If more than one (1) address is indicated, the branch is considered to be located at the address from which the undertaking was issued.
(e) Except as otherwise provided in this subsection, the liability of an issuer, nominated person, or adviser is governed by any rules of custom or practice, such as the Uniform Customs and Practice for Documentary Credits, to which the letter of credit, confirmation, or other undertaking is expressly made subject. If:
(i) IC 26-1-5.1 would govern the liability of an issuer, nominated person, or adviser under subsection (a) or (b);
(ii) the relevant undertaking incorporates rules of custom or practice; and
(iii) there is conflict between IC 26-1-5.1 and those rules as applied to that undertaking;
those rules govern except to the extent of any conflict with the nonvariable provisions specified in IC 26-1-5.1-103(c).
(f) If there is conflict between IC 26-1-5.1 and IC 26-1-3.1, IC 26-1-4, IC 26-1-4.1, or IC 26-1-9.1, IC 26-1-5.1 governs.
(g) The forum for settling disputes arising out of an undertaking within IC 26-1-5.1 may be chosen in the manner and with the binding effect that governing law may be chosen in accordance with subsection (a).
As added by P.L.183-1996, SEC.4. Amended by P.L.57-2000, SEC.31; P.L.199-2023, SEC.32.