PROFILE / ENFORCEMENT OF FOREIGN ARBITRATION RULINGS IN GREECE

THE BINDING PRECEDENT OF FOREIGN ARBITRATION RULINGS IN THE GREEK JURISDICTION

Article 903 - Greek Code of Civil Proceedings:

Without prejudice to the relevant provisions contained in the International Treaties on the matter, a foreign arbitration ruling may be binding precedent in Greece, without further procedure, if the following conditions apply:
  1. If the agreement that referred the matter to arbitration was validaccording to the law applicable in that agreement.
  2. If the subject-matter of the arbitration proceedings is a matter capable of being referred to arbitration according to Greek law.
  3. The ruling is not subject to appeal or other judicial proceeding questioning its validity.
  4. The party that lost was not deprived of his right to defend his case with the assistance of a lawyer.
  5. The ruling is not contrary to any previous decision of Greek Court on the same case which is precedent for the parties involved in the arbitration proceedings.
  6. The ruling is not contrary to the principles of morality or the public order.


THE EXECUTION OF FOREIGN ARBITRATION RULINGS IN GREECE

Article 906 - Greek Code of Civil Proceedings:
Foreign arbitration rulings are executable in Greece according to the provisions of article 905 and under the conditions set out in article 903 (see above).

Article 905 CCP:
  1. Without prejudice to what is provided by international treaties, there may be execution of a foreign title in Greece based on a foreign title from the moment after which a judgement to that effect is issued by the Court of first instance of either the place where the debtor has his residence or of the capital of Greece (Athens).
    The Court of first instance judges according to the procedure of articles 740-781. The latter is the procedure of the so-called "voluntary jurisdiction" which is essential a proceeding where the opponent is not always called to defend the case.
  2. The court of first instance declares the foreign title as executable, provided that it is so in the foreign jurisdiction where it was issued and provided that it is not contrary to the principles of morality and the public order.
  3. If the foreign title is a judicial decision, in order to be declared as executable, the conditions 2 to 5 of article 323 must also be fulfilled.