Comparative Guides
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Results: 4 Answers
International Arbitration
4.
Objections to jurisdiction
4.1
When must a party raise an objection to the jurisdiction of the tribunal and how can this objection be raised?
 
Greece
In international commercial arbitration, the parties cannot validly restrict or eliminate the power of the arbitral tribunal to rule on an objection to its jurisdiction in a preliminary award or the final award. Therefore, before arbitration commences (ie, before a request for arbitration is received), any party can file a motion for the court to rule on the existence and validity of the arbitration agreement. To hear the case, a Greek court must have jurisdiction over the dispute.

For more information about this answer please contact: Manolis Perakis from Dracopoulos & Vassalakis LP
4.2
Can a tribunal rule on its own jurisdiction?
 
Greece
In domestic arbitration and international disputes of a non-commercial nature, the tribunal can rule on its own jurisdiction, unless the parties have agreed otherwise.

For more information about this answer please contact: Manolis Perakis from Dracopoulos & Vassalakis LP
4.3
Can a party apply to the courts of the seat for a ruling on the jurisdiction of the tribunal? In what circumstances?
 
Greece
Once a case has been filed and arbitration has commenced, no challenges to the tribunal’s jurisdiction before a court are allowed until the arbitral award has been rendered.

For more information about this answer please contact: Manolis Perakis from Dracopoulos & Vassalakis LP