Steptoe International (UK) LLP
4 Experts
6 Contributions by Steptoe International (UK) LLP Experts
PRACTICE NOTES
This Practice Note
This Practice Note reviews the availability of emergency and interim measures in aid of arbitration in New York, United States of America. New York is a jurisdiction supportive of arbitration, and its courts will, where warranted, issue emergency or interim relief to assist arbitral proceedings. Such relief can be pursued both before a claim is filed and during the pendency of the arbitration. The Note highlights the principal types of urgent remedies available under the United States Federal Arbitration Act (the FAA), which governs arbitrations involving interstate or international commerce, together with New York’s Civil Practice Law and Rules, the procedural code applied in the state courts of New York. At the outset, turning to a court may not be required. Many arbitral institutions provide mechanisms enabling parties to seek urgent measures from the arbitral tribunal, or from an
Arbitration
PRACTICE NOTES
Judicial enforcement of international commercial arbitration awards in New York
Arbitration has emerged as the predominant means by which parties across the globe settle disputes outside the courts. It rests on the parties’ consent—express or implied—typically recorded in an arbitration clause within a private contract or a treaty. Even when parties choose to arbitrate, the courts remain vital to ensuring the process is effective. Crucially, they may compel a resistant party to arbitrate or to honour an arbitral award.
This Practice Note considers the judicial enforcement of international commercial arbitration awards in New York. In New York, enforcement is usually straightforward. The federal courts there possess deep experience and expertise in enforcing international arbitral awards. In doing so, they apply a robust federal common law policy favouring arbitration. See Mitsubishi Motors Corp. v Soler
Arbitration
PRACTICE NOTES
Assimilated Regulation (EC) 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (UK REACH)
In force from 1 January 2021
Transposition deadline: N/A
Amending documents: TBC
Annex amendments: TBC
Subject: Environment; chemical products
What is UK REACH?
'REACH' is the shortened title for Regulation (EC) 1907/2006 of the European Parliament and of the Council, which covers the registration, evaluation, authorisation and restriction of chemicals.
Before REACH, there were worries that the risks from chemicals used and sold in the EU were not being sufficiently controlled or examined, and that the entire responsibility for doing so sat with public authorities.
REACH set out to tackle this by moving the duty to demonstrate understanding and to manage chemical risks appropriately to those manufacturing and/or importing chemicals and goods that contain them (i.e.
Environment
PRACTICE NOTES
Introduction to UK REACH
‘REACH’ is the shortened name for Regulation (EC) No 1907/2006 of the European Parliament and of the Council, which governs the registration, evaluation, authorisation and restriction of chemicals. Before REACH came into effect, there were concerns that the risks arising from chemicals placed on the EU market were not being properly controlled or thoroughly investigated, and that the entire responsibility for this fell on public authorities. REACH set out to remedy these issues by moving the onus for demonstrating understanding of, and effectively managing, chemical risks to those manufacturing and/or importing chemicals and articles containing them (i.e. industry). In addition, REACH seeks to:
secure a high degree of protection for human health and the environment
enable the free movement of substances within the EU market
enhance the competitiveness and innovation of the EU chemicals
Environment
PRACTICE NOTES
Introduction to UK REACH
REACH is the shorthand for Regulation (EC) 1907/2006 of the European Parliament and the Council, covering the registration, evaluation, authorisation and restriction of chemicals.
Before REACH, there were concerns that the risks from chemicals placed on the EU market were not being sufficiently managed or investigated, and that the entire burden fell on public authorities.
REACH sought to correct this by shifting responsibility to those who manufacture and/or import chemicals and articles containing them, requiring industry to demonstrate understanding of hazards and to manage risks appropriately.
ensure a high level of protection for human health and the environment
facilitate the free movement of substances within the EU market
boost the competitiveness and innovation of the EU chemicals sector
encourage alternative methods to assess hazardous properties, such as quantitative
Environment
PRACTICE NOTES
Class action litigation has long been a fixture of US courts, its modern trajectory often linked to the US Supreme Court’s decision in Green Tree Financial Corp v Bazzle, 539 U.S. 444 (2003) (Bazzle). US case law recognises that class disputes may proceed in arbitration where an arbitration agreement allows it. Persistent uncertainties remain, however, about what amounts to consent to class arbitration and whether that gateway issue is for a court or an arbitral tribunal to decide. Nevertheless, several prominent arbitral institutions have introduced rules addressing class arbitration. Note: the US judgments mentioned in this Practice Note are not reported by LexisNexis UK.
What is class action dispute resolution?
Class actions were created to manage alike claims held by many claimants within a single proceeding. A representative plaintiff brings the case on behalf of others in comparable positions and applies to the court to
Arbitration
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