On-Demand vs. Conditional Guarantees: Understanding the Legal Divide in Commercial Risk Allocation

In international commerce, construction, and financing transactions, guarantees play a critical role in managing risk and securing performance. Two commonly used forms are the on-demand guarantee and the conditional guarantee. While both serve to assure one party that the other will fulfill their obligations—or face financial consequences—their legal nature, enforceability, and risk allocation differ significantly. […]

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