- Fraud in commodity financing can manifest itself in a number of ways.
- Lenders need to be able to identify key indicators of the different types of fraud.
- There are a number of tools that lenders can avail themselves of to mitigate the risk of fraud – many of them are centered around due diligence and protective documentary provisions.
- There of course remains a trade-off to be made between adopting rigorous due diligence and documentation and the flexibility to strike a competitive deal.
- In the event of fraud, the English courts are well-equipped to deal with this complex area of law and have the jurisdiction to grant a range of remedies.
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This article was first published in the September 2021 edition of Butterworths Journal of International Banking and Financial Law.