GREECE Law and Practice Contributed by: John Dryllerakis, Claire Sergaki and Vasileios Plakoulas, Dryllerakis Law Firm
• Article 35 on document production and the taking of evidence; and • Article 36 on the possibility of the arbitral tribunal to request the civil court’s assistance regarding the taking of evidence. The parties also tend to adopt the IBA Rules on the Taking of Evidence in International Arbitration, which provide a structured approach to evidentiary matters. 8.2 Rules of Evidence In accordance with Article 27 of Law 5016/2023, the parties may freely agree on the rules governing the evidentiary procedure. This includes the ability to define the standard of proof required for the tribunal to reach its conclusions, which they may choose to either raise or lower. In the absence of an agreement on these issues, the arbitral tribunal may freely decide on the admissibility, relevance and materiality of evidence. 8.3 Powers of Compulsion In accordance with Article 35 of Law 5016/2023 and unless otherwise agreed by the parties, the arbitral tribunal has the authority to compel the parties to pro - duce documents or other evidence in their posses - sion or control, provided that such evidence is likely to have a substantial impact on the outcome of the arbitration. Such power, however, is limited against the parties of the proceedings and does not extend to third parties. The tribunal shall adopt the appropriate measures to facilitate the taking of evidence while ensuring that the parties’ right to be heard is respected. In cases where the arbitral tribunal does not have the authority to compel the conduct of the taking of evidence or if the parties are not co-operating, the arbitral tribunal may request the assistance of the civil single-member court of first instance of the district of the place of arbitration or the district where the applicant is domi - ciled or, absent a domicile, has its habitual residence, or of the civil single-member court of first instance of Athens in the absence of a habitual residence, in accordance with the provisions of Article 36. If a party does not co-operate, the tribunal may draw adverse
inferences from such failure against the non-comply - ing party.
9. Confidentiality 9.1 Extent of Confidentiality
In accordance with Article 27.3 of Law 5016/2023, the parties can agree that the existence of the arbitra - tion, the arbitral proceedings and the arbitral award will remain confidential. In the absence of an agree - ment by the parties regarding confidentiality, the arbi - tral tribunal is vested with the authority to determine whether and to what extent confidentiality will apply.
10. The Award 10.1 Legal Requirements
The legal requirements regarding the form and con - tent of an arbitral award are set out in Article 40 of Law 5016/2023. At the outset, the arbitral award must be in writing and must be signed by the arbitrator or arbitrators. If there are multiple arbitrators, the signa - tures of the majority suffice, provided that the reason for any omitted signature is specifically indicated in the award. In accordance with Article 40.2 of Law 5016/2023, the arbitral award shall state the reasons upon which it is based, unless the parties have agreed that no reasons are to be given, or the award is an award on agreed terms under Article 39 of this law. The arbitral award shall also specify the date of its issuance and the place of arbitration, as stipulated according to Article 28.1 of Law 5016/2023. The award shall comply with any additional formal requirements under the arbitration agreement agreed by the parties or the procedural rules chosen by them. According to Article 40.4 of Law 5016/2023, after the award is made, a copy signed by the arbitrators shall be delivered to each party. Formal service is required for the running of the time limit stipulated in Article 43.3 regarding set-aside applications. Pursuant to Article 41.5 of Law 5016/2023, where a party requests the enforcement of the arbitral award in Greece, the arbitral tribunal is required to depos -
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