GREECE Law and Practice Contributed by: Vassilios Moussas, Charalampos Kondis, Christina Grigoriadou and Konstantina Margariti, Moussas & Partners
13. Arbitration 13.1 Laws Regarding the Conduct of Arbitration Parties involved in international commercial arbitration proceedings in Greece can apply new Law 5016/2023 (IAL), which aims to mod- ernise the Greek law of international arbitration with the amendments of the 2006 UNCITRAL Model Law and the latest international tendency regarding arbitration both in theory and practice. This secures consistency with international arbi- tration standards and makes Greece an attrac- tive arbitration forum for international arbitration disputes. The Greek legal regime on arbitration is dual- istic. The enactment of IAL (and its amend- ments issued by Law 5026/2023) replaced Law 2735/1999 which still applies in arbitration commenced before 4 February 2023, when IAL entered into force in order to regulate interna- tional commercial arbitration in Greece. Domes- tic arbitrations or arbitrations of a non-commer- cial nature are regulated by the provisions of the GCCP (Articles 867–903) where IAL is not applicable. The GCCP may also apply directly or indirectly to international commercial arbitration if an issue is not specifically governed by IAL and vice versa. Arbitration is considered to be “international” if: • the parties’ registered seats are in different countries when they enter into the arbitration agreement; or • one of the following places is situated out- side the state in which the parties have their registered seat: (a) the place of arbitration if determined in, or pursuant to, the arbitration agreement; and
(i) Inheritance cases were the most likely to proceed with mediation at 18.93%, (ii) then property cases at 16.97%, (iii) family cases at 13.86% and (iv) commercial cases at 11.01%. • On the final outcome and settlement success, the type of cases differs, since (i) property and family disputes had the highest success, with rates of 11.50% and 11.43%, respec- tively, (ii) inheritance disputes had a success at 9.29% and (iii) and commercial disputes at 7.37%. • With respect to voluntary mediation, 2023 saw a notable increase of around 25%, with 1,397 cases recorded against 1,117 in 2022. Out of these, the 83.39% of the cases was led to an agreement. Family cases represent- ed the majority of voluntary mediation cases in 2023 accounting for 50.11%. 12.3 ADR Institutions Institutions in Greece offering and promoting ADR, include: • Athens Chamber of Commerce and Industry; • Hellenic Centre of Mediation and Arbitration; • Regulatory Authority for Energy; • Hellenic Chamber of Shipping; • Piraeus Association for Maritime Arbitration; • Technical Chamber of Greece; • Hellenic Consumer Ombudsman; • Hellenic Ombudsman for Banking-Investment Services; and • EODID Athens Mediation & Arbitration Organisation. The framework of the new mediation regime has established the Central Mediation Commit- tee, which also monitors mediation procedures and provides registration for mediators and for mediator certification entities.
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