GREECE 12
Yearbook
Yearbook Commercial Arbitration, A.J. van den Berg (ed.), Vol. XIV (1989)
Jurisdiction
Greece
Original full text
Full text decision GREECE 12
Excerpt
Excerpt decision GREECE 12
Summary
Greece 12. Court of Appeal, Piraeus, Decision No. 77 of 1985
Related topics
221
Law applicable to "Null and void", etc. (for formal validity and applicable law, see Art. II, ¶204)
The court discusses which law – lex fori, lex contractus, law of the State where the award will be made – applies specifically to determining whether an agreement to arbitrate is “null and void etc.“, and, by extension, which law applies to determining the validity of arbitration agreements.
222
Arbitrator's competence and separability of the arbitration clause
The court discusses the principle of competence-competence, including whether the parties “intended to have arbitrability decided by an arbitrator”, and the separability of the arbitration agreement from the main contract.
224
Declaratory judgment on validity arbitration agreement
The court discusses whether a declaratory judgment on the validity of the arbitration agreement is available under the Convention.