On Tuesday, 29 October 2024, the DIS Regional Group Frankfurt hosted its second event, bringing together around 80 arbitration law practitioners to discuss “Anti-(Anti-)Suit Injunctions – Is a New Approach Needed?”
After a welcome from regional coordinators Annekathrin Schmoll (Gibson Dunn) and Moritz Schmitt (rothorn legal), Meik Thöne (University of Potsdam) set the stage, followed by insights from Benedicte Stenvaag (Uniper), Barbara Maucher (Noerr), and Markus Burianski (White & Case). The event concluded with a Q&A and networking, hosted by Julia Grothaus of Linklaters.
Key takeaways emphasised Germany’s tools to counter foreign legal tactics, particularly from jurisdictions like Russia, that attempt to sidestep arbitration agreements. Despite the lack of traditional anti-suit injunctions, German courts show increasing openness, providing companies with defenses under Section 826 of the German Civil Code and Section 1032(2) of the German Code of Civil Procedure. All panelists urged a pragmatic approach, where feasible, also injunctions from common law courts.
Annekathrin Schmoll