New Publication by David von der Thannen and Tim C. Kirchmayr: Anti-Suit Injunctions in Austrian Litigation and Arbitration

New Publication by David von der Thannen and Tim C. Kirchmayr: Anti-Suit Injunctions in Austrian Litigation and Arbitration

Russia is increasingly taking its war against Ukraine into its own courts: In sanctions-related disputes, Russian law (Art. 248 APC) provides for the exclusive jurisdiction of the Russian courts, backed by so-called anti-suit injunctions prohibiting proceedings abroad.

The European Union has now responded with a remarkable move. New Art. 11ca of Regulation (EU) 833/2014 enables courts in EU Member States to issue anti-suit injunctions of their own. This is particularly striking given the CJEU’s longstanding scepticism towards such orders and their traditionally difficult standing in Austria.

Against this background, David von der Thannen and Tim C. Kirchmayr examine the permissibility of anti-suit injunctions under Austrian law in their recent publication: “Zur Zulässigkeit einer anti-suit injunction österreichischer Prägung – Zeit für eine Zeitenwende im österreichischen Zivil- und Schiedsverfahren?”

We are delighted to share that their article has just been published in ÖJA 2026, 192, and congratulate our authors on their excellent contribution to one of the most timely issues in the field.