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Lloyd's Maritime and Commercial Law Quarterly

ADMISSIBILITY AND ENFORCEMENT OF FOREIGN COURT DECISIONS AND ARBITRATION AWARDS IN GREECE

Gr. J. Timagenis.*

1. Introduction

A question of considerable practical importance in international business cases is the admissibility and enforceability in one country of a court decision or arbitration award issued in another. Foreign decisions or arbitration awards may appear in Greece in two forms. First, in the context of legal proceedings and the question is whether such foreign decision or award will be taken into account and to what extent, and in this case we talk about admissibility. Second, for the purpose of enforcement upon the property of the defendant or otherwise, and in this case we talk about enforceability. For the admissibility, no special procedure is required but simply it is is examined by the court in the context of the pending proceedings whether certain requirements are fulfilled by the foreign decision or award. For the enforcement, the foreign decision or arbitration award should be declared enforceable in Greece by Greek courts in a procedure which is relatively quick after examining whether this decision or award satisfies certain requirements. Both for admissibility and for enforceability, the requirements examined by the court do not refer to the merits of the case, that is the court does not re-examine the merits of the case but only whether the decision or award has been issued in an appropriate manner.

2. Law applicable

The provisions about the admissibility, cnforceability and enforcement of foreign court decisions or arbitration awards appear in the Code of Civil Procedure (CCP). In addition, Greece is a party to a number of multilateral and bilateral conventions concerning questions of admissibility and enforceability of foreign decisions or arbitration awards. Specific reference should be made to the International Convention on the Admissibility and Enforcement of Foreign Arbitration Awards signed in New York on 10th June 1958 and ratified by Greece by Legislative Decree 4200/1961. In connection with the admissibility and enforcement of foreign court decisions there should be noted the Bilateral Convention between Greece and the Federal Republic of Germany signed on 4th November 1961 (Law 4305/1965) and the Convention between Greece and Yugoslavia signed on 18th June 1959 (Legislative Decree 4009/1959). On the other hand, the Convention of the Countries Members of the European Communities on International Jurisdiction and the Enforcement of Court Decisions in Civil and Commercial Cases dated 27th September 1968 has not been ratified by Greece as yet. The various international conventions apply under the conditions which they set out in their own provisions. In cases where no international convention applied, the provisions of the Code of Civil Procedure govern the matter.

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