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
Talk by Yuko Nishitani on Colonialism and Japanese International Family Law (27 Nov, 12pm noon GMT, Zoom)
This Thursday, the University of Augsburg will be hosting a talk
by Yuko Nishitani (University of Kyoto)
on Colonialism and (International) Family Law from a Japanese Perspektive
(Kolonialismus und Familienrecht aus japanischer Sicht)
27 November 2025, 12pm noon GMT
(= 1pm in Germany / 9pm in Japan)
The talk will be given in German, followed by a discussion.
Everyone interested is warmly invited to join via this Zoom link.
International Conference: EU Succession Regulation – A Decade in Application
An international conference focusing on the EU Succession Regulation (“EU Succession Regulation: A Decade in Application”) will take place in Warsaw on December 9, 2025. Hosted by the Institute of Justice in Warsaw, the event will comprehensively assess the first decade of the Regulation’s application, highlighting its impact and future challenges.
New book: Legal Challenges of China’s One Belt One Road Initative: Private International Law Considerations
A new book Legal Challenges of China’s One Belt One Road Initative: Private International Law Considerations edited by Dr Poomintr Sooksripaisarnkit and Dr Sai Ramani Garimella has now been released by Routledge.
This book is a sequel to the book China’s One Belt One Road Initiative and Private International Law which was published by Routledge in 2018.
Here is the publisher’s blurb:
“This book covers new legal developments of the One Belt One Road (OBOR) project and assesses how litigation may be organised to enforce and compensate for defaults for its related initiatives.
This book is structured into five themes, consisting of essays which assess the decade of BRI’s existence in the context of international economic engagement and the rule of law, private international law, dispute resolution mechanisms – including mediation and judgment mobility. The chapters in the book strike new ground and cover recent developments such as the establishment of China’s International Commercial Court, engagements in multiple Belt and Road Initiative (BRI) construction and investment projects.
The book will be of interest to researchers, academics, policymakers and students interested in private international law issues pertaining to the OBOR routes as well as private international law in general, Asian studies and the politics of international trade”.
The table of contents and contributors include:
Poomintr Sooksripaisarnkit and Sai Ramani Garimella: Current Developments of the One Belt One Road Project and the Emerging Private International Law Issues
Dilini Pathirana: Sri Lanka’s Loan Agreements with China under the BRI: A Reflection of Selected Infrastructure Project-Related Loans
Atul Alexander: China and Foreign State Immunity Law: Legal Implications on State-Owned Entities
Mark McLaughlin: Global Standards, Local Realities: An Analysis of Singapore Convention on Mediation in the Context of Chinese State-Owned Enterprises
Zhengxin Huo: China’s International Commercial Court and Their Operation
Beligh Elbalti: Choice of Law in Contracts and Foreign Law before MENA Arab Courts from the Perspective of Belt and Road Initiative
Anna Wysocka-Bar: Circulation of Judgments Between EU Member States and China: A Path Through Complicated Framework Examined on the Example of Poland
Nobumichi Teramura: Recognition and Enforcement of Chinese judgments in Cambodia: Uncertain Foundations of the Rigid Reciprocity Standard in Cambodian Law
Jie (Jeanne) Huang: Recognition and Enforcement of Chinese Judicially Confirmed Mediation Decisions Abroad: The Challenges of Finality
Poomintr Sooksripaisarnkit: Private International Law Dimensions of Blockchain-Based Bills of Lading
Poomintr Sooksripaisarnkit and Sai Ramani Garimella: Conclusion and Reflection
The book can be ordered directly from Routledge: https://www.routledge.com/Legal-Challenges-of-Chinas-One-Belt-One-Road-Initiative-Private-International-Law-Considerations/Sooksripaisarnkit-Garimella/p/book/9781032805733
Anyone can use the below discount code to obtain 20% discount (available until 31st March 2026:
The editors are in the process of planning a book launch event (online). Currently, it is scheduled on 26th January 2026 between 8:00 -9:00 p.m (Australian Eastern Daylight Time). Further details will be announced once the full programme of event is available.