Jurisdiction(s):
United Kingdom

German and EU responses to Russian Article 248 RAPC anti-arbitration injunctions: injunctive, declaratory and damages remedies to safeguard arbitration agreements

Published by a LexisNexis Arbitration expert

Practice notes

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...

To view the latest version of this document and thousands of others like it, sign-in with LexisNexis or register for a free trial.

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...

Charlotte Popp , LL.M. (Columbia)

Gibson Dunn

Charlotte is a first-year Associate, advising clients in international arbitration and litigation disputes. Before starting her position, Charlotte gained precious experience in arbitration, especially during her LL.M. programme at Columbia University, where she, among others, worked as Research Assistant to Professor George Bermann. During her 2 year mandatory clerkship, she worked for an arbitration boutique based in Frankfurt. ...

Anna Katharina Zitt

Gibson Dunn

Anna Katharina Zitt holds a Mag. iur. from the University of Heidelberg, a Master Droit et Études Européennes from the University of Strasbourg, a Master of Law (MLaw) from the University of Basel, and a Master of Laws (LL.M.) from the University of Freiburg, obtained as part of a trinational comparative law program. Her academic focus was on European, international, and comparative law.Currently, Anna Katharina works as a Research Assistant at Gibson Dunn & Crutcher LLP.In addition to her role at the firm, Anna Katharina is pursuing a PhD in international arbitration....

Web page updated on 21/05/2026

Popular documents

Using the Judicial College Guidelines to assess general damages in personal injury claims

When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...

Tomlin orders in England and Wales: CPR guidance on drafting, confidentiality, approval, variation, enforcement, limitation, CCA issues, court-specific requirements, sample wording and precedents

This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...

Precedent: Deed of Surrender of Lease with Optional Premium, Settlement and Release, Landlord, Mortgagee and Guarantor Consents, Reimbursement and HM Land Registry Provisions (England and Wales)

Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...

Precedent Statutory Declaration: Standard Wording under the Statutory Declarations Act 1835

I, [ name ], of [ address ], solemnly and sincerely state that: [ Matters to be verified, set out in numbered paragraphs ] I make this solemn statement in good conscience, believing it to be true, and pursuant to the provisions of the Statutory Declarations Act 1835. DECLARED at [ details ] this [ day ] day of [ month and year ] Before me ................................................................................ [ signature of the person before whom the declaration is made ] A [ commissioner for oaths OR [ solicitor OR [ insert other qualification ] ] authorised to administer oaths ]...