The 'Conclusive Evidence Clause' in Guarantees and Indemnities

Abstract

This article intends to discuss the importance and usefulness of the "conclusive evidence clause" in guarantees and indemnities and to what extent such clause has assisted the bankers and creditors in their pursuit of the applications for summary judgment against the guarantors. This article will also examine the exceptions/defenses available to the guarantors to oppose this so-called 'one-sided' clause.

Keywords: conclusive evidence clause, guarantees, indemnities, summary judgment, defenses

JEL Classification: K40, K41