Arbitration & ADR, Greece updates

Comprehensive guidance for recognition and enforcement of foreign arbitral awards
Cocalis & Partners
  • Greece
  • 09 May 2019

The Code of Civil Procedure sets out a number of conditions that must be met in order for a foreign arbitral award to be recognised and enforced in Greece. The conditions that applicants must satisfy in this regard are in line with the New York Convention, to which Greece is a signatory. This article provides comprehensive guidance on the recognition and enforcement process's requirements.

Annulment of arbitral awards for violating public order provisions
Cocalis & Partners
  • Greece
  • 21 February 2019

Under Article 897 of the Code of Civil Procedure, an arbitral award can be annulled in whole or in part by a decision from the competent national court only if it is contrary to, among other things, public order provisions or bonos mores. Examples of public order provisions that would justify the annulment of an arbitral award include jus cogens rules which have been enacted in order to protect the public interest.

Challenging arbitral awards
Cocalis & Partners
  • Greece
  • 27 September 2018

The advantages of arbitral proceedings, including speed, may be compromised when an arbitral award is challenged. The recent changes to the Civil Procedure Code aimed at accelerating judicial proceedings have not yet shown considerable progress. In any case, the Greek courts are reluctant to set aside arbitral awards or refuse their enforcement, thus indicating that recourse to arbitration for local and international cases is a valuable instrument in alternative dispute resolution.

Legal regime applicable to tribunal secretaries
  • Greece
  • 25 January 2018

The Supreme Court recently ruled that the provisions that require arbitrators' details to be included in the award also apply by analogy to tribunal secretaries. Following the judgment, arbitrators should always refer in detail to the particulars of the secretary employed in the arbitration (which is always a best practice) in order to avoid unnecessary complications that may lead to the setting aside of the award.

Form and proof of arbitration agreements incorporated by reference under New York Convention
  • Greece
  • 19 October 2017

In international trade, a general reference is sufficient to validly incorporate an arbitration clause contained in another document under Article II(2) of the New York Convention, provided that the clause is common and known to those engaged in a particular trade. The Piraeus Single-Member First-Instance Court recently ruled on a dispute regarding the enforcement of an arbitral award in Greece under the New York Convention.

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