GREECE Trends and Developments Contributed by: Dimitris Babiniotis, Zepos & Yannopoulos
• Unconditional application and broader scope of enforcement – the New York Convention is applied even outside the mutuality and commerciality reservations prescribed thereby. This means Greek courts will enforce arbitral awards even if the origi - nating country has not ratified the New York Con - vention and even if the dispute is not “commercial” in nature. Article 45 thus extends the applicability of the New York Convention beyond its traditional scope. The New York Convention is now applied as the general legal framework for recognising and enforcing foreign arbitral awards, even in cases where the award might not fall within the New York Convention’s typical field of application. • No need to furnish the arbitration agreement – Article 45 (3) of Greece’s new arbitration law does not require the award creditor to furnish the original arbitration agreement or a certified copy thereof as prescribed by Article IV(1)(b) of the New York Con - vention. As such, Article 45 (3) is more favourable than Article IV(1)(b) of the New York Convention and will apply in its stead pursuant to Article VII(1) of the New York Convention. The implications for arbitration practice are as follows. • Simplified enforcement process – the removal of traditional preconditions for applying the New York Convention simplifies the enforcement process, offering greater predictability and efficiency for practitioners. • Global arbitration hub – Greece’s unconditional application of the New York Convention strength - ens its position as a favourable jurisdiction for international arbitration, attracting more cross-bor - der disputes to be resolved under its framework. • Legal certainty – this approach enhances legal cer - tainty for parties involved in international arbitra - tion, knowing that their awards will be recognised and enforced in Greece regardless of the originat - ing jurisdiction’s status concerning the New York Convention. The 2019 Hague Convention – expanding the scope of enforcement The 2019 Hague Convention on the Recognition and Enforcement of Foreign Judgments in Civil or Com - mercial Matters (the “2019 Hague Convention”), which
entered into force in Greece in September 2023, rep - resents a significant milestone in the international enforcement landscape. This convention aims to streamline and enhance the process for recognising and enforcing foreign judgments, by creating a com - mon legal framework irrespective of whether a choice of court agreement between parties to an international dispute is in place. Key provisions of the 2019 Hague Convention The key provisions of the 2019 Hague Convention are as follows. • Scope and applicability – the 2019 Hague Conven - tion applies to the recognition and enforcement of judgments in civil and commercial matters, includ - ing judgments issued on consumer and labour law disputes, but excluding family and inheritance law, insolvency, privacy, legal capacity of natural per - sons, IP, certain antitrust matters, arbitration and interim measures decisions. • No review on the merits – the 2019 Hague Conven - tion does not provide for a review on the merits of the case by the courts of the requested state. This fundamental principle permeating the 2019 Hague Convention enhances certainty and predictability. • Grounds for refusal – the 2019 Hague Convention allows for the refusal of recognition and enforce - ment on specific exhaustive grounds, including incompatibility with public policy, due process violations, procedural fraud, and inconsistency with earlier judgments between the same parties. Implications for Greek practice The implications of the 2019 Hague Convention for Greek enforcement practice are as follows. • Enhanced legal certainty – the 2019 Hague Con - vention’s framework, which precludes review on the merits, provides greater legal certainty and predictability for parties seeking enforcement of judgments in Greece. • Harmonisation with international standards and facilitation of trade and investment – the 2019 Hague Convention aligns Greece with global practices, fostering an environment conducive to international trade and investment.
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