Anti-suit injunctions issued by arbitral tribunals seated in Germany was the topic at the Lunch DIScussion on 13 November 2025.
Eveli Lume (Squire Patton Boggs), Barbara Maucher (Noerr), and Meik Thöne (University of Potsdam) had their debate moderated by Evgenia Peiffer (CMS) and Kilian Bälz (Amereller).
Are Anti-suit injunctions by arbitral tribunals actually possible?
If the arbitration clause is governed by German law, potential legal bases include the arbitration clause itself, sections 823 or 826 of the German Civil Code (BGB), and perhaps also the rules on the arbitral tribunal’s competence-competence.
Does this work procedurally?
The DIS Arbitration Rules do not stand in the way. Beyond that, the decision lies within the tribunal’s discretion. Experience on this is mixed.
And what if an anti-suit injunction has been issued?
As a rule, an injunction is of little practical use at the place where the court proceedings in breach of the arbitration agreement are being conducted. But seeking an injunction can be a strategy to tie up the opponent’s time and resources – and to protect against enforcement abroad of a court judgment rendered in breach of the arbitration agreement.
And finally, what if different anti-suit injunctions are obtained that contradict each other?
Does the law of the stronger simply prevail? The question is still open.
Karsten Grillitsch