(a) procedure, including evidence?
Unless the parties have agreed otherwise, the tribunal will freely determine the evidentiary procedure, which in practice is usually based on applicable general provisions on evidence before the state courts (in domestic arbitration) or on specialised sets of rules (in international arbitration). It is prohibited for parties to testify as witnesses. Experts are appointed by the tribunal. Otherwise, all forms and means of evidence listed in the Greek Code of Civil Procedure are also available in arbitration under the terms set out in the relevant provisions. In international arbitration, the default rules provide that the tribunal shall determine the admissibility, relevance, materiality and weight of any evidence.
(b) interim relief?
Pursuant to the – controversial and much criticised – provisions of Articles 685 and 889 of the Greek Code of Civil Procedure, the tribunal lacks the power to order or amend interim measures in domestic arbitration. This power belongs to the state courts, either before or after the commencement of arbitration.
The state courts also have the power to order interim measures in international arbitration, either before or after the commencement of arbitration; but this power is concurrent with the tribunal’s power to order interim measures.
(c) parties which do not comply with its orders?
In domestic arbitration the tribunal does not have the power to sanction non-compliance with its orders. However, in international arbitration any such behaviour can be indirectly sanctioned by taking it into account when allocating the costs.
(d) issuing partial final awards?
Greek arbitration law does not classify awards.
(e) the remedies it can grant in a final award?
Arbitral tribunals seated in Greece can provide the range of remedies as determined in the applicable substantive law. If the applicable substantive law is that of another state, tribunals seated in Greece may not grant remedies which violate principles of Greek public policy as defined in Article 33 of the Greek Civil Code. In such case the remedy granted may be annulled by the state courts.
Whether interest can be awarded and at what rate are issues determined by the applicable substantive law and the underlying contract, as long as it does not exceed the mandatory maximum provided by Greek law.