GERMANY Trends and Developments Contributed by: Johanna Wirth, Maximilian Bülau, Philipp Hanfland and Carsten van de Sande, Hengeler Mueller
Conclusion Germany’s litigation landscape is undergoing a peri- od of significant transformation, driven by legislative reform, technological innovation, and evolving geo- political dynamics. The modernisation of Germany’s legislation and the introduction of specialised com- mercial courts – with English-language proceedings and shortened appellate pathways – mark ambitious efforts to strengthen Germany’s position as an inter- national dispute resolution hub. Taken together, these developments underscore Germany’s growing impor- tance as a dynamic and increasingly sophisticated dispute resolution venue in Europe.
non-delivery of gas. Russian courts have issued anti- arbitration injunctions, threatening penalties in case of non-compliance (in the case of Uniper v Gazprom : EUR14.3 billion). German and EU companies find themselves between a rock and a hard place: they are often unable to enforce their claims against Russian partners, while Russian courts, disregarding agreed arbitration clauses, seek to penalise them if they try. And in turn, German courts have taken a hard stance in relation to EU sanctions. In 2025, several higher regional courts denied the enforcement of Russian awards, based on the premise that fulfilment of the awards would run counter to EU sanctions. As of this date, there is no way to tell if and when these disrup- tions will come to an end.
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