Comparative Guides

Welcome to Mondaq Comparative Guides - your comparative global Q&A guide.

Our Comparative Guides provide an overview of some of the key points of law and practice and allow you to compare regulatory environments and laws across multiple jurisdictions.

Start by selecting your Topic of interest below. Then choose your Regions and finally refine the exact Subjects you are seeking clarity on to view detailed analysis provided by our carefully selected internationally recognised experts.

4. Results: Answers
International Arbitration
6.
Applicable law issues
6.1
How is the law of the arbitration agreement determined in your jurisdiction?
Greece

Answer ... 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

Answer ... 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
Contributors
Topic
International Arbitration