Comparative Guides
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Results: 4 Answers
International Arbitration
6.
Applicable law issues
6.1
How is the law of the arbitration agreement determined in your jurisdiction?
 
Greece
The applicable law of the arbitration is selected by the parties to the dispute. In the absence of such a choice, the following shall apply:

  • In domestic arbitration and international disputes of a non-commercial nature, the tribunal will apply the substantive provisions of Greek law; and
  • In international commercial arbitration, the tribunal will apply the law which it considers applicable to the case in line with the international private law rules.
For more information about this answer please contact: Manolis Perakis from Dracopoulos & Vassalakis LP
6.2
Will the tribunal uphold a party agreement as to the substantive law of the dispute? Where the substantive law is unclear, how will the tribunal determine what it should be?
 
Greece
Yes. In the absence of such agreement, and if the applicable substantive law is unclear, according to Law 2735/1999, the tribunal will determine this based on the contractual terms and related commercial practices, taking into account equity and fairness, provided that the parties have expressly authorised it to do so.

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