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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.
Using Foreign Choice-of-Law Clauses to Avoid U.S. Law
Can private actors utilize choice-of-law clauses selecting the laws of a foreign country to avoid laws enacted by the United States? In this post, I argue that the answer is a qualified yes. I first examine situations where the U.S. laws in question are not mandatory. I then consider scenarios where these laws are mandatory. Finally, the post looks at whether private parties may rely on foreign forum selection clauses and foreign choice-of-law clauses—operating in tandem—to avoid U.S. law altogether.
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News
HCCH Monthly Update: March 2026
Membership
On 4 March 2026, Guatemala deposited its instrument of acceptance of the Statute, becoming the 93rd Member of the HCCH. More information is available here.
Conventions & Instruments
On 1 March 2026, the 2019 Judgments Convention entered into force for Albania and Montenegro. At present, 33 HCCH Members are either bound by the 2019 Judgments Convention or a Contracting Party for which the Convention has not entered into force yet (Andorra). More information is available here (for Albania) and here (for Montenegro).
On 1 March 2026, the 2005 Choice of Court Convention entered into force for Monaco. At present, 38 States and the European Union are bound by the 2005 Choice of Court Convention. More information is available here.
Meetings & Events
From 3 to 6 March 2026, the Council on General Affairs and Policy (CGAP) of the HCCH met in The Hague. The meeting was attended by 560 participants joining both in person and online. During the meeting, the Members of the HCCH reviewed progress made to date and agreed on the work programme for the year ahead, taking important decisions on work relating to possible new legislative instruments, post-Convention work, and governance matters. More information is available here.
From 9 to 11 March 2026, the Regional Workshop on Sharing Experiences on the Effective Implementation of the 1993 Adoption Convention in Africa was held in Cape Town, South Africa. More information is available here.
On 24 March 2026, the first meeting for Central Authorities on the operation of the 1965 Service, 1970 Evidence and 1980 Access to Justice Conventions was held online, hosted by the PB of the HCCH.
Publications
On 3 March 2026, the Permanent Bureau announced the publication of the HCCH 2025 Annual Report. More information is available here.
Upcoming events
Registration is open for the 14th International Forum on the electronic Apostille Programme (e-APP), which will take place in hybrid format on 12 and 13 May 2026 in Marrakesh, Morocco. The registration deadline is Friday 1 May 2026, 5.00 p.m. (CEST). More information is available here.
Vacancies
Applications are now open for three- to six-month legal internships for the period from September 2026 to February 2027. The deadline for the submission of applications is 20 April 2026. More information is available here.
These monthly updates are published by the Permanent Bureau of the Hague Conference on Private International Law (HCCH), providing an overview of the latest developments. More information and materials are available on the HCCH website.
Call for Abstracts: International Conference on Modern Problems of Private International Law, Poznan – Riga
The following announcement was shared with us by the conference organizers, Aleksandrs Fillers (Riga Graduate School of Law, Latvia), Adrian Rycerski (SWPS University in Poznan, Poland).
University of UdineCalls Open: Summer School and Workshop on Consumer Law and Green Rights in the EU
The University of Udine, together with its partners, has announced two exciting opportunities for students, researchers and practitioners interested in European consumer and market law, with a particular focus on sustainability and the circular economy.
The first call invites participants to register for the Summer School “Consumer and Market Law in the European Circular Economy” to be held at the University of Udine, from 8 to 17 July 2026. This programme offers a unique chance to engage with leading scholars and experts, explore the evolving legal framework surrounding sustainable markets and deepen understanding of how EU law is adapting to support the transition toward a circular economy. The Summer School promises an interdisciplinary and international learning environment, making it especially valuable for those looking to expand both their academic knowledge and professional networks. The organisers have provided the Call for applications – Udine Summer School 2026 and the Brochure – Udine Summer School 2026.
In parallel, a second call has been launched for abstracts for the Workshop “Judicial Protection and Enforcement of ‘Green’ Rights in the EU”. This workshop aims to bring together researchers and practitioners to discuss critical issues related to environmental rights enforcement, judicial protection mechanisms and the role of courts in advancing the EU’s green transition. Contributors are encouraged to submit abstracts that engage with current challenges and emerging developments in this rapidly evolving field. The workshop will be held at the University of Udine, on 14 July 2026. The organisers have provided the Call for Abstracts – Workshop Udine Summer School 2026.
Registration is now open for the Summer School, and interested participants are encouraged to apply promptly. At the same time, those wishing to present at the workshop can submit their abstracts for consideration.
Both initiatives reflect a growing commitment within the European academic and legal community to address sustainability challenges through legal innovation and collaboration. For more information on the programmes, application procedures and deadlines, please visit the official project website.
Activities are co-funded by the EU Erasmus+ Programme.
