Comparative Guides

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4. Results: Answers
International Arbitration
3.
Arbitration agreement
3.1
What are the validity requirements for an arbitration agreement in your jurisdiction?
Greece

Answer ... The parties select the substantive law that will govern their legal relationship, and under which the validity and scope of an arbitration agreement are determined.

According to the requirements set by law, an arbitration agreement must be in writing. However, the lack of written form can be remedied if all parties involved participate in the arbitration proceedings without reservation. Furthermore, an arbitration agreement is valid if it is mentioned in a document communicated by one party to the other, or to both parties by a third party, and no recipient raises any objections within a reasonable period.

Finally, any authorisation granted to a representative in order to validly enter into an arbitration agreement must also be in writing.

For more information about this answer please contact: Manolis Perakis from Dracopoulos & Vassalakis LP
3.2
Are there any provisions of legislation or any other legal sources in your jurisdiction concerning the separability of arbitration agreements?
Greece

Answer ... According to Greek law, the arbitration agreement is treated as a standalone, independent agreement. Consequently, it may be considered valid even if the rest of the contract is deemed invalid.

For more information about this answer please contact: Manolis Perakis from Dracopoulos & Vassalakis LP
3.3
Are there provisions on the seat and/or language of the arbitration if there is no agreement between the parties?
Greece

Answer ... Law 2735/1999 provides that, unless the parties have agreed otherwise, the arbitral tribunal will determine the seat and the language of the arbitration.

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