An insightful overview of the latest arbitration practices in the latest edition of our newsletter, “The Insights” – Issue 11.
As authored by our Managing Partner and Head of Civil Law & Litigation Maria Antoniadou, and Associate Giorgos Bakalis for International Arbitration Comparative Guide, published by Mondaq.
Highlight from the Q&A:
“2.1 Are any disputes non-arbitrable in your jurisdiction and how is this determined?
By virtue of Article 3(4) of Law 5016/2023, a dispute is arbitrable unless the law specifically prohibits this. This is an innovative provision of the new law, as it presumes the arbitrability of all disputes. By virtue of Article 867 of the Code of Civil Procedure, non-arbitrable disputes are limited to:
o disputes where the parties do not have the power to dispose of the subject matter; and
o certain labour law disputes.
2.2 Are there any restrictions on the choice of seat of arbitration or institution (or lack thereof) in any circumstances in your jurisdiction?
The parties are free to choose the seat of arbitration when drafting the arbitration agreement. However, if the parties agree that the seat of arbitration is Greece, they cannot exclude by agreement the applicable legal framework governing arbitration in Greece. Therefore, the delocalisation theory is not applicable. “
-> Get to read “The Insights” new issue here
