Jurisdiction(s):
United Kingdom

Key definition

Establishment definition

What does Establishment mean? In cross‑border insolvency practice, an “establishment” is a debtor’s place of operations in a state where it conducts a stable, non‑transitory economic activity using people and assets. The concept is used to justify secondary (EU) or non‑main (Model Law) proceedings alongside main proceedings at the debtor’s centre of main interests (COMI). It is a defined term in Regulation (EU) 2015/848 (the recast Insolvency Regulation) and in the UNCITRAL Model Law on Cross‑Border Insolvency (implemented in Great Britain by the Cross‑Border Insolvency Regulations 2006 and in Northern Ireland by the 2007 Regulations). In both regimes, it requires more than a...

WTO SPS Agreement: Practical Guidance on Scope, Risk Assessment, Scientific Evidence, Non‑Discrimination, Harmonisation, Equivalence, Transparency, and Interface with the TBT Agreement and GATT 1994

Published by a LexisNexis International Trade expert

Practice notes

This Practice Note presents a practical overview of the Agreement on the Application of Sanitary and Phytosanitary Measures. It offers hands-on guidance on what qualifies as sanitary and phytosanitary (SPS) measures, the reach of the SPS Agreement, and how it differs from the Technical Barriers to Trade (TBT) Agreement. It explains the entitlement to apply SPS measures and the constraints that bind Member States when putting SPS measures in place. It sets out the risk assessment that Member States must carry out before introducing an SPS measure. It also outlines advice on recognising the equivalence of SPS measures among Member States and the transparency requirements associated with SPS measures.

Introduction to the SPS Agreement

The Agreement on the Application of Sanitary and Phytosanitary Measures (SPS Agreement) took effect alongside the creation of the World Trade Organisation on 1 January 1995. The SPS Agreement defines measures to safeguard human and animal life or health (known as sanitary measures) and measures to safeguard plant life or health (known as phytosanitary measures). The SPS Agreement aims to balance Member States’ sovereign right to regulate the level of sanitary and phytosanitary protection required with their duties not to unjustifiably use...

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Web page updated on 27/05/2026

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