German Bar Association slams Russian threats against arbitration lawyers

The German Bar Association (DAV) has strongly criticized Russia’s attempt to fine German law firm Aurelius Cotta €7.5 billion alongside its client, energy group Wintershall Dea, for pursuing international arbitration. The DAV called the move an act of intimidation, warning that it could deter other firms from taking cases against Russia out of fear of retaliation.

Following the 2022 invasion of Ukraine, many Western companies and law firms exited Russia, often seeking arbitration to recover stranded assets. In response, Russia increasingly invokes Article 248 of its Arbitrazh Procedural Code to claim sole jurisdiction over disputes involving Russian and EU businesses, even if contracts stipulate foreign courts or tribunals. Moscow has issued anti-arbitration injunctions and threatened severe fines, although traditionally such measures targeted companies, not their lawyers.

DAV Vice President Ulrich Karpenstein (PICTURED) emphasized that prosecuting legal counsel crosses a troubling line. “We must not yield to intimidation,” he said. The DAV also highlighted growing global threats against lawyers in countries like the U.S., Israel, and Turkey, raising broader concerns for the international rule of law.

Aurelius Cotta’s founding partner Sabine Konrad reaffirmed their commitment: “The rule of law must be defended daily – otherwise, it risks being lost, not only by hostility but also by complacency or fear. We will fulfill our duty” she said, according to LAW.com.