GREECE Law and Practice Contributed by: Vassilios Moussas, Charalampos Kondis, Christina Grigoriadou and Konstantina Margariti, Moussas & Partners
13.3 Circumstances to Challenge an Arbitral Award In international commercial arbitration, par- ties can only challenge an arbitration award in exceptional circumstances. A petition seeking to set aside an award must be filed with the court of appeal in the place of arbitration within three months of the date on which the arbitral award was received by the party filing the claim. IAL introduces a new ground for the annulment of an arbitral award in cases where there is a ground for reconsideration under Article 544(6) and (10) GCCP (ie, in cases of procedural fraud and corruption on the part of arbitrators). In such cases, the application for the annulment must be filed within the time limit prescribed by Article 545(3) GCCP. It is also noted that according to IAL, a party may not rely upon its own actions or omissions to have an award set aside. The parties can waive their rights to seek set aside at any time, in which case set-aside grounds may serve as grounds to resist enforcement or recognition. An arbitral award is not subject to appeal. How- ever, in domestic arbitration cases, the parties can foresee their right to challenge the arbitral award before a different arbitral tribunal in the arbitration agreement – provided that they deter- mine the conditions, time limits and procedure applicable to the submission and examination of such a challenge. Moreover, the GCCP also provides for the declaration of the non-existence of an arbitral award if: • there is no arbitration agreement at all; • the dispute was non-arbitrable; or • the award was issued in an arbitration involv - ing a non-existing individual or legal entity.
13.4 Procedure for Enforcing Domestic and Foreign Arbitration An award will be considered final, binding and enforceable – and will give rise to res judicata – upon its filing in the single-member court of first instance (as per the GCCP) and publication (as per IAL). Enforcement of the award in cases of failure to comply will be conducted on the basis of the GCCP’s specific provisions that provide for compulsory enforcement. An arbitral award issued in Greece gives rise to res judicata and is enforceable in Greece as of the date of the award. Res judicata is determined in accordance with the provisions of the GCCP and concerns the merits of the dispute and the procedural issues that were finally adjudicated by the tribunal. Res judicata extends over the parties to the dispute and their successors. The only formality that must be observed for the enforcement of an arbitral award is the filing of the award with the secretariat of the single- member court of first instance in the place where the arbitration was held. As regards the recognition and enforcement of foreign arbitral awards, IAL provides that the arbitral award is enforceable upon its issuance – along with three new provisions. The first provi- sion refers to the provisions of the GCCP on the res judicata effect of court judgments. According to the second provision, the res judicata effect of an arbitral award also covers preliminary ques- tions determined by the arbitral tribunal and covered by the arbitration agreement. The third provision provides that an arbitral award is only effective against third parties if such parties are bound by the arbitration agreement. In addition, despite the commerciality and reciprocity reser- vations mentioned above in 13.1 Laws Regard- ing the Conduct of Arbitration , according to IAL,
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