GREECE Law and Practice Contributed by: Dimitris Babiniotis, Danae Papadatou and Emmanouil Mavrantonakis, Zepos & Yannopoulos
Required Documentation Deviating from Article IV of the New York Conven - tion, Article 45 (3) of Law 5016/2023 provides for a more favourable legal framework. More specifically, pursuant to Article 45 (3) of Law 5016/2023, the party applying for recognition and enforcement of a foreign arbitral award must submit to the competent court the original award or an authenticated copy thereof. For awards drafted in a language other than Greek, the court may require the applicant to supply an official translation. In accordance with Article VII(1) of the New York Convention, Article 45 (3) of Law 5016/2023 pre - vails over Article IV of the New York Convention as a more favourable provision. Against this backdrop, the applicant is not required to submit with the court the original arbitration agreement or a duly certified copy thereof. Moreover, the applicant is not required to submit the duly authenticated original award or a duly certified copy thereof, either. The submission of the original award or of an authenticated copy thereof suffices. 4.5 Costs and Time Taken to Enforce Arbitral Awards Please refer to 2.3 Costs and Time Taken to Enforce Domestic Judgments . 4.6 Challenging Enforcement of Arbitral Awards Please refer to 2.5 Challenging Enforcement of Domestic Judgments .
ing to the declaration of enforceability of foreign arbi - tral awards are governed by Articles 903 and 906 in conjunction with Article 905 of the GrCCP. Application Process For the declaration of enforceability of foreign arbi - tral awards, a standalone application is filed with the locally competent single-member court of first instance. This is either the court of the place where the debtor holds assets or – should the allocation of such court not be feasible – the Athens Single-Mem - ber Court of First Instance. The application is adjudi - cated in accordance with the provisions of the GrCCP on non-contentious proceedings (Articles 740–781 of the GrCCP). The application for a declaration of enforceability may be submitted by any party entitled to initiate enforce - ment based on the foreign judgment. Neither address - ing the application against the debtor nor serving it upon the latter is required. Summoning the debtor to participate in the proceedings is not required, unless ordered by the court (Article 748 (3) of the GrCCP). The judgment on the application for recognition and declaration of enforceability is subject to appeal. Yet, neither the time limit for the filing of the appeal nor the actual filing of the appeal suspend the binding effects of the judgment. If summoned to participate in the above-mentioned proceedings, the party withstanding recognition and declaration of enforceability may raise any of the grounds set out in Article V of the New York Conven - tion. If not summoned, that party may file a third-party challenge against the judgment admitting the applica - tion for recognition and declaration of enforceability of the foreign arbitral award, pursuant to Article 773 of the GrCCP. Said third-party challenge may be prem - ised on the grounds set out in Article V of the New York Convention.
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