GREECE Trends and Developments Contributed by: John C Dryllerakis, Claire Sergaki and Vasileios Plakoulas, Dryllerakis Law Firm
Lastly, it is notable that Greece has its very own per - manent body for the arbitral resolution of energy dis - putes. Τhe Regulatory Authority for Energy, Waste and Water (RAEWW) adjudicates and finally settles the fol - lowing disputes involving: • entities involved in the energy sector; • companies engaged in energy activities and their customers; • any dispute arising from the application of the national and European legislation; • disputes between water services providers; • providers of water services and their clients; and • disputes between Solid Waste Management Bod - ies and Local Government Organisations. Environmental, Social and Governance in Arbitration ESG issues have rapidly moved to the forefront of the international arbitration landscape. Large companies are increasingly incorporating a wide range of ESG-related clauses into their commercial agreements, such as joint venture agreements or sup - plier contracts, often imposing strict consequences for non-compliance. As noted in the IBA Report on the use of ESG contractual obligations, international arbitration is widely expected to become the preferred forum for resolving said contractual disputes. In the same context for states, complying with these ESG obligations has become increasingly challeng - ing, given the complex interplay between foreign direct investment and international environmental and social commitments. It is therefore unsurprising that, as reported by the UN Conference on Trade and Development (UNCTAD), approximately 15% of cases adjudicated under BIT dispute resolution mechanisms now involve ESG-related obligations. ESG concerns are also beginning to influence the arbitral process itself, as parties, tribunals and institu - tions advocate for greener, fairer and more transparent proceedings. In terms of the environmental aspect, arbitration stakeholders have moved away from paper submissions and hard-copy evidence, embracing dig - ital filings as the norm. Hearings are now conducted either in hybrid format or fully via videoconference.
Notably, the updated 2025 SIAC Arbitration Rules explicitly encourage tribunals to consult with the par - ties on whether it would be appropriate to adopt envi - ronmentally sustainable procedures in conducting the arbitration. As regards the social aspect, it is undeniable that arbi - tral institutions are striving for greater diversity and inclusion in the appointments of arbitrators, the com - position of their governing bodies and their member - ships. In this context, the Court of Arbitration of the International Chamber of Commerce has launched a task force on “Disability Inclusion and International Arbitration”, as well as the “LGBTQIA network”. Lastly, with respect to the governmental aspect, arbi - tral institutions are issuing practice notes and guide - lines to streamline their procedures and safeguard the integrity of the arbitration proceedings they administer. To enhance the transparency of arbitration, institutions such as the International Chamber of Commerce and, most recently, the Singapore International Arbitration Centre are pushing for the anonymised or redacted publication of arbitral awards. Agreements with the Greek State A significant portion of international arbitration cases in Greece arises from contracts between private enti - ties and the Greek government or Greek state entities. Indeed, the Greek state (when acting as fiscus) and various state entities have concluded several con - tracts with foreign or domestic private entities in rela - tion to the implementation of large-scale projects that pertain to the construction of significant works, the supply of materials and the exploitation of its rights. In all the aforementioned contracts, the state has opted for arbitration, also taking into consideration the foreign entities’ preference for a neutral forum. In particular, ICC arbitration remains one of the top picks in contracts for the supply of military material, whilst arbitration under the rules and administration of the LCIA is often selected in agreements that con - cede rights of the state to private entities for a certain period.
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