GREECE Law and Practice Contributed by: John Kyriakides, Vicky Kriketou, Angeliki Stryftou and Konstantinos Lygkonis, Kyriakides Georgopoulos Law Firm
12.2 ADR Within the Legal System Law 4640/2019 on mediation in civil and commercial disputes sets out the framework governing the con- duct of mediation proceedings, which are carried out by certified mediators. The law requires that parties be informed about the mediation process before initiating court proceedings. In certain categories of cases, par- ticipation in a Mandatory Initial Mediation Session is established as a precondition to litigation. Beyond the obligation to attend the initial session (where required) and to be informed of the possibility of resolving the dispute through mediation, no additional sanctions or penalties are imposed if the parties choose not to proceed with ADR. 12.3 ADR Institutions Key domestic ADR institutions include the Hellenic Centre of Mediation and Arbitration, the Athens Medi- ation and Arbitration Organization (EODID), and the Mediation General Committee, created under Law 4640/2019. Also, the ICC International Chamber of Commerce maintains a presence in Athens through its national committee. These bodies are well structured and adapted to recent legislative reforms, cooper- ating with internationally recognised mediators and arbitrators with expertise across diverse fields. They play an active role in ensuring efficient and fair dispute resolution and in strengthening Greece’s modern ADR landscape. Arbitrations seated in Greece are mainly governed by Articles 867–903 of the Greek Code of Civil Procedure, which set out the rules for the conduct of domestic arbitral proceedings. Furthermore, Law 5016/2023 established a modern legal framework consistent with international reforms in commercial arbitration, designed to accommodate the evolving features and practical requirements of this area of law. With regard to the recognition and enforcement of foreign arbitral awards, Greece is a party to the 1958 New York Convention on the Recognition and Enforce- ment of Foreign Arbitral Awards, implemented through 13. Arbitration 13.1 Laws Regarding the Conduct of Arbitration
Legislative Decree No 4220/1961, which governs the procedure before Greek courts. 13.2 Subject Matters Not Referred to Arbitration Under Article 867 of the Greek Code of Civil Proce- dure, arbitration is available for private law disputes, provided that the rights in question may be freely disposed of by the parties. These include disputes governed by public law, labour disputes, and matters relating to family law. 13.3 Circumstances to Challenge an Arbitral Award An arbitral award may be annulled, in whole or in part, by a court judgment on the limited grounds expressly set out in Article 897 of the Greek Code of Civil Proce- dure. In particular, annulment may be sought: • if the arbitration agreement is invalid; • if the award was rendered after the arbitration agreement ceased to be in force; • if the arbitrators were appointed in breach of the arbitration agreement or the law, or if they had been revoked or disqualified and nevertheless pro- ceeded to render the award; • if the arbitrators acted beyond the powers con- ferred by the arbitration agreement or by law; • if the procedural rules governing the arbitration were violated, particularly those concerning the right to be heard, equality of the parties, the delib- eration process, or the form and content of the award; • if the award is contrary to public policy or to accepted principles of morals; • if the award is unintelligible or contains contradic- tory provisions; or • if there are grounds for reopening the case (retrial) under Article 544 of the Code. 13.4 Procedure for Enforcing Domestic and Foreign Arbitration Under Greek law, an arbitral award rendered in Greece constitutes an enforceable title, allowing the prevailing party to initiate enforcement proceedings without the need for further judicial recognition.
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