Legal Guidance and Research / Experts / Annekathrin Schmoll
Annekathrin Schmoll#11549

Dr Annekathrin Schmoll

Gibson Dunn
Annekathrin Schmoll is an associate in the Frankfurt office of Gibson, Dunn & Crutcher. She is a member of the firm’s Litigation and International Arbitration, Judgment and Arbitral Award Enforcement and Environmental, Social and Governance (ESG) practices.

Annekathrin's practice focuses on domestic and cross-border arbitration and litigation. Annekathrin represents German and international clients in commercial, corporate and civil disputes before institutional and ad hoc arbitral tribunals, as well as before German courts. Her expertise includes appraisal and release proceedings, and model declaratory actions.

In arbitration, she has extensive experience as counsel and arbitral secretary under various rules (ICC, DIS, CEAC, FAI, UNCITRAL). In addition, she provides comprehensive advice on the recognition and enforcement of arbitral awards and judgments and advises on transactions involving international private and procedural law. Annekathrin is also actively involved in matters related to the energy transition and the renewable energy sector, helping her clients navigate this rapidly evolving area. She also advises her clients on litigation funding and assists them in securing financial resources for their legal disputes.

Annekathrin is a member of the German Institution of Arbitration (DIS), where she is the Co-Chair of the Frankfurt region since May 2024. She is also a member of DIS40, the ICC Young Arbitration and ADR Forum (ICC YAAF) and ArbitralWomen.

Annekathrin regularly publishes on topics related to international arbitration/litigation and legal tech, and frequently delivers lectures in these areas.

Practice Area

Panel

  • Contributing Author

Qualified Year

  • 2016

Qualifications

  • Juris Doctor (2014)
  • First State Exam (2011)

Education

  • Georg-August-Universität Göttingen (2014)
  • Christian-Albrechts-Universität zu Kiel (2011)

2 Contributions by Annekathrin Schmoll

German and EU responses to Russian Article 248 RAPC anti-arbitration injunctions: injunctive, declaratory and damages remedies to safeguard arbitration agreements
PRACTICE NOTES
German and EU responses to Russian Article 248 RAPC anti-arbitration injunctions: injunctive, declaratory and damages remedies to safeguard arbitration agreements
This Practice Note explores the growing resort to anti-arbitration injunctions by Russian entities under Article 248.1 of the Russian Arbitration Procedure Code (RAPC), which threatens the enforceability of arbitration agreements with EU-domiciled parties. It sets out how the EU and German legal orders provide effective countermeasures. The EU sanctions framework bars recognition of such injunctions and enables claims for damages, while German law supplies powerful remedies, including injunctive relief, declaratory relief, and recovery of legal costs. Recent German court decisions bolster arbitration rights, showing EU entities can protect their interests without traditional anti-suit injunctions. Introduction and Background Increased use of Anti-Arbitration Injunctions by Russian entities based on the Russian Arbitration Procedure Code Recently, Russian entities have increasingly asked local courts to claim exclusive jurisdiction over disputes with EU-domiciled parties, often seeking anti-arbitration injunctions under Article 248.1 RAPC despite valid arbitration agreements. This trend has produced unfavourable outcomes for EU parties, including exposure to substantial fines for non-compliance with such orders and significant economic risks, particularly when award enforcement is pursued in states where the EU party holds assets. The 2020 amendment to the RAPC allows Russian Arbitrazh...
Arbitration
Recognition and enforcement of ICSID awards in Germany: procedure, competent courts, Achmea/Komstroy implications, ZPO s 1032(2) applications, injunctions, costs and state immunity
PRACTICE NOTES
Recognition and enforcement of ICSID awards in Germany: procedure, competent courts, Achmea/Komstroy implications, ZPO s 1032(2) applications, injunctions, costs and state immunity
In Germany, the framework for recognising and enforcing awards of the International Centre for Settlement of Investment Disputes is set by Chapter IV, section 6 of the ICSID Convention of 18 March 1965 (articles 53–55), together with the German statute implementing that treaty, the Investitionsstreitbeilegungsgesetz (InvStreitBeilG). The 1958 New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards is inapplicable. Under InvStreitBeilG, article 2(1), an ICSID award may only be enforced after a German court has confirmed its enforceability. So far, there are no reported German court rulings addressing recognition and enforcement of ICSID awards. German law differentiates between the stage of declaring an award enforceable (“Recognition”) and the subsequent stage of carrying out enforcement (“Enforcement”). Recognition of ICSID awards Article 54(1) of the ICSID Convention provides that each Contracting State shall recognise an award rendered under the Convention as binding and shall enforce the pecuniary obligations it imposes within its territory as if it were final...
Arbitration
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