Ius Omnibus has participated in the public consultation launched by the Hague Conference on Private International Law (HCCH) on the Draft Text of a future Convention on Parallel Proceedings and Related Actions. Our contribution proposes a viable consumer-focused perspective to an initiative aimed at improving the coordination of cross-border litigation, and urgent and pending task in collective consumer cases internationally.
The consultation forms part of the HCCH’s ongoing work to address the growing fragmentation of international civil and commercial proceedings, the risk of irreconcilable judgments, and the strategic use of jurisdictions in transnational disputes. The proposed Convention seeks to clarify rules on jurisdiction, suspension, dismissal, and coordination of proceedings pending before courts in different States.
In its submission, Ius Omnibus welcomed the initiative and underlined its particular relevance for consumer protection, noting that parallel proceedings, and especially related actions are increasingly common in large-scale, cross-border consumer, competition, and data protection disputes. These are cases where a single conduct typically involves multiple jurisdictions, a plurality of claimants, and claims of low individual value but significant collective impact.
Ius Omnibus stressed that, while consumers are traditionally regarded as the weaker party in litigation, this assumption does not hold true in collective proceedings brought by qualified entities. The Association therefore argued that consumer-related matters should not be excluded from the scope of the future Convention when they concern the collective protection of consumer rights. Our approach is compatible with the HCCH’s Convention objectives and reinforces its effectiveness and applicability.
Throughout its contribution, Ius Omnibus highlighted several key priorities, including the need to:
Ensure that the future Convention effectively addresses mass and collective litigation, where judicial coordination is essential to avoid fragmented redress and contradictory decisions;
Clarify the distinction between “parallel proceedings” and “related actions” to enhance legal certainty and predictability in an ever more complex litigation scenario;
Safeguard effective access to justice by ensuring that mechanisms such as suspension or dismissal of proceedings are applied only exceptionally and proportionately;
Strengthen criteria for determining the most appropriate court, limiting excessive discretion and reducing opportunities for strategic forum shopping;
Promote practical and transparent judicial cooperation, including clear communication mechanisms between courts and adequate procedural safeguards for the parties. The adjudication process, by which a court is seised on the basis of judicial efficiency is a novel initiative. For such reason, publicity and diffusion of these processes is a key aspect in ensuring that the Convention is actually used by courts and practitioners and it leads to good practices in litigation.
Ius Omnibus also emphasised that excluding consumer, privacy, and competition matters from the Convention would leave unaddressed precisely those areas where parallel proceedings are most frequent and most harmful to effective enforcement. In the Association’s view, improved judicial coordination in these fields would enhance procedural efficiency, reduce costs, and reinforce the remedial and deterrent functions of the law to the direct benefit of consumers. In addition, Ius Omnibus stresses the potential of partial adjudication, that can serve to diversify and exploit the better position of some courts to deliver justice in a specific matter, such as questions with long case law traditions, or means and ease on probationary measures.
By participating in this consultation, Ius Omnibus reaffirmed its commitment to strengthening consumer protection in cross-border contexts and to ensuring that the development of international procedural instruments reflects the realities of modern, collective litigation.
For further information on the HCCH consultation, its scope and Draft Text subject to consultation, please refer to their website.