Views
EU modernises consumer dispute resolution: An overview of the new ADR Directive
By Alexia Kaztaridou (Linklaters)
On 25 September 2025, the Internal Market and Consumer Protection Committee (IMCO) of the European Parliament approved the text of the political agreement on the Alternative Disputes Resolution for Consumer Disputes Directive. This Directive establishes a framework for resolving through ADR procedures contractual domestic and cross-border consumer disputes arising from the sale of goods or provision of services between consumers and traders within an EU context. The amendments to the prior Directive aim to modernise the existing framework in light of new consumer trends, such as the growth of e-commerce, and bring significant changes across several areas, enhancing the protection for consumers and clarifying obligations for traders and ADR entities. The Directive maintains its minimum harmonisation approach, allowing Member States to provide for stronger consumer protection. Read more
US Supreme Court: Judgment in Smith & Wesson Brands, Inc. et al. v. Estados Unidos Mexicanos (Mexico) – A few takeaways
Written by Mayela Celis, Maastricht University
In June 2025, the US Supreme Court delivered its opinion in Smith & Wesson Brands, Inc. et al. v. Estados Unidos Mexicanos (Mexico) 605 U.S. 280 (2025). The Opinion is available here. We have previously reported on this case here, here and here (on the hearing).
As previously indicated, this is a much-politicized case brought by Mexico against US gun manufacturers, alleging inter alia negligence, public nuisance and defective condition. The basic theory laid out was that defendants failed to exercise reasonable care to prevent the trafficking of guns to Mexico causing harm and grievances to this country. In this regard, the complaint focuses on aiding and abetting of gun manufacturers (rather than of independent commission).
In a brilliant judgment written by Justice Kagan, the Court ruled that PLCAA bars the lawsuit filed by Mexico. Accordingly, PLCAAS’s predicate exception did not apply to this case. Read more
French Supreme Court upholds asymmetric jurisdiction clauses in Lastre follow-up
by Jean-Charles Jais, Guillaume Croisant, Canelle Etchegorry, and Alexia Kaztaridou (all Linklaters)
On 17 September 2025, the French Cour de cassation handed down its decision on the Lastre case. This followed a landmark preliminary ruling of February 2025 from the CJEU, which laid out the conditions for a valid asymmetric jurisdiction clause under article 25 of the Brussels I recast regulation.
Asymmetric jurisdiction clauses allow one party to initiate proceedings in multiple courts or any competent court, while the other party has fewer options or is restricted to a specific jurisdiction. Such clauses are common in financial agreements (read more in our previous blog post here).
In the latest development of the Lastre case in France, the French Supreme Court opted for a pro-contractual autonomy stance, favouring the validity of asymmetric jurisdiction clauses.
News
Call for papers: Bridging Jurisdictions: Rethinking Commercial Conflicts of Laws 10 Years After Brexit
by Dr Georgia Antonopoulou (University of Birmingham) and Dr Ekaterina Pannebakker (Leiden University)
On 14 May 2026, the roundtable Bridging Jurisdictions: Rethinking Commercial Conflicts of Laws 10 Years After Brexit will take place at the University of Birmingham, in the UK. This roundtable will focus on highlighting cooperation opportunities in commercial conflicts of laws between the United Kingdom and the EU in light of current developments including jurisdictional competition, digitisation, sustainability, and international sanctions. The roundtable will feature policymakers and internationally renowned scholars.
We invite submissions of draft articles from researchers and academics, especially at their early stages of their careers, on private international law in the aftermath of the Brexit. The applications should be in English. Kindly email your application to Dr E. Pannebakker (e.s.pannebakker@law.leidenuniv.nl) and Dr G. Antonopoulou (g.antonopoulou@bham.ac.uk). The submissions should include:
- an abstract (max. 200 words);
- a draft or a detailed outline of the contribution (max. 5,000 words);
- a bio/curriculum vitae of the author (max. 2 pages long).
The deadline for submission is 1 February 2026. The selected participants will be notified by the end of February 2026.
During the roundtable, the selected participants will give a presentation of their articles and then receive feedback. Accepted papers will be considered for publication in an edited special journal issue in an international review. The roundtable will cover reasonable costs of travel, accommodation, and meals for the selected participants.
Possible topics include:
- Jurisdictional competition including arbitration and international commercial courts;
- PIL in the United Kingdom post-Brexit;
- The impact of digitisation on private international law (applicable law and/or jurisdiction);
- Sustainability and private international law;
- The impact of trade sanctions on private international law.
We particularly welcome applications from underrepresented groups. Special consideration will be given to female participants vested with childcare and/or other domestic responsibilities.
This project has received funding from the Birmingham – Leiden universities Strategic Collaboration Fund.
We are looking forward to receiving your application!
Upcoming European Dialogue on Civil Procedural Law “Recent Developments on Brussels Ibis” Thursday, 4 December 2025 1 pm CET
The next session of the conference series European Dialogue on Civil Procedural Law will take place (online) on Thursday, 4 December 2025, from 13:00 to 17:00 (CET), under the theme “Recent Developments on Brussels Ibis”.
The event is organised by Dr. habil. Balázs Arató, PhD, Prof. Dr. Thomas Garber, Prof. Dr. Katharina Lugani and Prof. Dr. Matthias Neumayr.
The Brussels I bis Regulation, together with its parallel instrument, the Lugano Convention, forms the core of European civil procedure law. Events in this series serve to promote dialogue among Member States and with third countries, thereby strengthening and improving the integration and efficiency of European legal instruments. The interim online conference on 4 December 2025 will feature country reports from four legal systems and two presentations on current topics relating to the Brussels Ia Regulation. The event is aimed at academics and practitioners alike. We look forward to a lively exchange.
The speakers are :
- Dr. habil. Balázs Arató, PhD, Budapest, Hungary
- Dr. Caterina Benini, Università Cattolica del Sacro Cuore, Milan, Italy
- Assoc.-Prof. Dr. Eva Dobrovolná, Ph.D., LL.M., Masaryk University, Brno, Czech Republic
- Prof. Dr. Étienne Farnoux, University of Strasbourg, France, seconded to the Saint Joseph University of Beirut, Lebanon
- Prof. Dr. Thomas Garber, Johannes Kepler University Linz, Austria
- Prof. Dr. Katharina Lugani, Heinrich Heine University Düsseldorf, Germany
- Prof. Dr. Robert Magnus, University of Bayreuth, Germany
- Assoc.-Prof. Dr. Martina Melcher, M.Jur, University of Graz, Austria
- Prof. Dr. Matthias Neumayr, Johannes Kepler University Linz, Austria
- Prof. Dr. Anna Nylund, University of Bergen, Norway
The flyer for the event can be found here.
Please register here.
Participation is free of charge.
HCCH Monthly Update: November 2025
HCCH Monthly Update: November 2025
Conventions & Instruments
On 5 November 2025, Algeria deposited its instrument of accession to the 1961 Apostille Convention. With the ratification of Argentina, the Convention now has 58 Contracting Parties. With the accession of Algeria, the 1961 Apostille Convention now has 128 Contracting Parties. It will enter into force for Algeria on 9 July 2026. More information is available here.
On 27 November 2025, Monaco deposited its instrument of accession to the 2005 Choice of Court Convention. With the accession of Monaco, 38 States and the European Union are bound by the 2005 Choice of Court Convention. The Convention will enter into force for Monaco on 1 March 2026. More information is available here.