GREECE Law and Practice Contributed by: John Dryllerakis, Claire Sergaki and Vasileios Plakoulas, Dryllerakis Law Firm
7.3 Powers and Duties of Arbitrators As explained in 7.1 Governing Rules , in the absence of an agreement by the parties, the arbitral tribunal may conduct the arbitration in such manner as it considers appropriate. However, the principle of equal treatment of the parties shall be respected and the tribunal shall ensure that each party has an equal opportunity to present its claims and submit its evidence. 7.4 Legal Representatives The law does not mandate specific qualifications for legal representatives appearing before an arbitral tri - bunal; any lawyer with an active licence is permitted to represent clients in arbitration. 8. Evidence 8.1 Collection and Submission of Evidence The collection and submission of evidence are gener - ally determined by the tribunal in consultation with the parties. Law 5016/2023 does not include specific pro - visions for the collection and submission of evidence at the pleading stage and at the hearing, apart from: • Article 30 on the language of evidence; • Article 34 on the appointment of an expert by the arbitral tribunal; • 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 tri - bunal may compel the parties to produce documents or other evidence in their possession or control, pro - vided 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 proceed - ings 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.
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