GREECE Trends and Developments Contributed by: John C Dryllerakis, Claire Sergaki and Vasileios Plakoulas, Dryllerakis Law Firm
Recent Case Law This section examines certain noteworthy judgments issued by Greek courts in the past two years. In its judgment No 6356/2025, the Athens Three- Member Court of Appeals addressed the issue of the arbitrability of disputes involving the interpretation and application of EU law, particularly in light of the Hel - lenic Council of State judgments Nos 246–253/2022 and 601–603/2023. By dismissing a set-aside appli - cation brought by the Hellenic Republic, the Court unequivocally confirmed that disputes requiring the interpretation or application of EU law, including EU public policy provisions, are fully arbitrable and that arbitral tribunals are competent to interpret and apply such rules. Further, the Greek Civil Supreme Court, in its judg - ment No 1919/2025, reaffirmed the flexible approach adopted by the Greek courts regarding the form requirements of arbitration agreements. The Court held that, while an arbitration agreement must be evi - denced in writing, the relevant requirement is satisfied whenever the parties’ intention to submit disputes to arbitration can be ascertained from written documents forming part of their contractual relationship. In par - ticular, the Court confirmed that an arbitration clause may be validly incorporated by reference through con - tractual documents, correspondence or other written communications, provided that the reference is suffi - ciently clear to render the arbitration agreement bind - ing upon the parties. Another significant decision, judgment No 263/2026 of the Piraeus Single-Member Court of Appeals, addressed the validity and enforceability of arbitra - tion clauses incorporated in the company’s articles of association. While reaffirming that corporate disputes such as the exclusion of a partner from a general part - nership are, in principle, arbitrable under Greek law, the Court held that the arbitration clause at issue was incapable of being performed, as it referred to the rules of a permanent (institutional) arbitration mecha - nism that had ceased to exist prior to the execution of the partnership agreement.
Lastly, judgment No 2686/2025 rendered by the Ath - ens Court of Appeals confirmed that claims in tort, unjust enrichment and moral damages may fall within the scope of an arbitration clause where they are sufficiently connected to the underlying contractual relationship. In the case at hand, the Court held that claims arising out of alleged bribery in the context of a procurement contract were covered by the parties’ arbitration agreement. Conclusion The aforementioned trends indicate a favourable tra - jectory for arbitration as the preferred method of dis - pute resolution for high-stakes disputes in the coun - try. However, arbitration practitioners in Greece must adapt to developments in energy disputes, construc - tion matters, concession agreements and challenges arising from the evolving AI, investment screening and ESG obligations. Against this backdrop, forth - coming legislative reforms are expected to play a key role in further refining the arbitration framework and in addressing these evolving challenges in a more structured and coherent manner. Looking ahead, these developments are likely to enhance both the predictability and attractiveness of Greece as a reli - able and increasingly competitive seat of international arbitration on the global stage.
421 CHAMBERS.COM
Powered by FlippingBook