Jurisdiction(s):
United Kingdom

Key definition

Jurisdiction definition

What does Jurisdiction mean? Jurisdiction, in legal practice, describes a court’s power to hear and determine a dispute and the limits of that power, both by subject matter and by the territory over which the court’s authority extends. It encompasses personal jurisdiction over the parties (often based on service, presence, domicile or consent, including exclusive jurisdiction clauses) and the court’s territorial and subject‑matter competence. The term is descriptive rather than fixed by a single definition; its scope is set by statute, rules of court, international instruments and case law (for example, the Senior Courts Act 1981, the Civil Jurisdiction and Judgments...

Germany: Challenging Arbitral Tribunal Jurisdiction and Anti-suit Injunctions: Court and Tribunal Powers, Procedures, Deadlines and Enforcement

Published by a LexisNexis Arbitration expert

Practice notes

This Practice Note examines questions of arbitral jurisdiction in arbitration conducted under German law. Note: all German judgments mentioned in this Practice Note are not reported by LexisNexis®.

Introduction to jurisdiction under German arbitration law

Germany is widely regarded as an arbitration-friendly forum. Its arbitration regime is contained in Book 10 (sections 1025–1066) of the Code of Civil Procedure, the Zivilprozessordnung (ZPO), which is closely aligned with the UNCITRAL Model Law on International Arbitration (the Model Law). An unofficial English version of the ZPO has been issued by the German Ministry of Justice, and the quotations from the ZPO in this Practice Note rely on that translation.

With respect to objections to an arbitral tribunal’s jurisdiction, German law does not confer ultimate authority on the tribunal to rule on its own competence. In other words, German law does not recognise exclusive ‘Kompetenz-Kompetenz’. Instead, any tribunal decision on jurisdiction is open to comprehensive scrutiny by the state courts. That said, to safeguard their entitlement to a full judicial review of the tribunal’s jurisdiction, parties must usually advance any jurisdictional objection before the tribunal promptly and within the required timeframe...

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Dr Evgenia Peiffer

CMS

Dr Evgenia Peiffer is counsel in the dispute resolution team at CMS Hasche Sigle, Munich, with over a decade of experience in international commercial disputes. She acts both as counsel and as arbitrator, regularly appearing before arbitral tribunals and state courts. Her practice spans infrastructure and energy projects, as well as disputes arising from distribution, M&A, supply, service, and licensing agreements. With Eastern European roots and language skills, she has developed particular expertise in matters involving that region. Evgenia Peiffer is widely recognised for her knowledge of private international law and procedural law, and she frequently publishes and speaks on cross-border dispute resolution.Her professional excellence has been acknowledged in Best Lawyers Germany 2023 and 2024 in the categories of International Arbitration, Dispute Resolution, and Arbitration/Dispute Resolution/Mediation, and she has been named a Top Lawyer for Arbitration by...

Dr Tom Christopher Pröstler , LL.M. (Sydney)

CMS

Tom Christopher Pröstler is a dispute resolution partner with CMS in Germany and a senior foreign legal consultant with CMS Hong Kong’s international arbitration team. With over a decade of experience, Tom advises his clients in complex, multi-jurisdictional disputes involving a wide range of applicable laws. He primarily acts in international arbitration proceedings under all major arbitration rules, including ICC, DIS, HKIAC, LCIA and UNCITRAL Rules. In addition, he advises on arbitration related court proceedings, transnational litigations and alternative dispute resolution proceedings. He also serves as arbitrator. Tom has special expertise in disputes concerning large technology, construction, and development projects and in conflicts between western and Asian parties. Moreover, he regularly advises on commercial, corporate, and post-M&A disputes. His sector expertise includes engineering (esp. plants, infrastructure, software, automotive and e-mobility), energy (esp. offshore wind, solar, coal, gas and biomass), mining,...

Web page updated on 21/05/2026

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