GREECE 15 B

Areios Pagos, Decision no. 1932 of 2006

(Interpoint Shipping Limited v. Myloi Soyas)

01 - 01 - 2006

GREECE 15 B

Yearbook Yearbook Commercial Arbitration, A.J. van den Berg (ed.), Vol. XXXIII (2008)
Jurisdiction Greece
Summary

As the date of this decision was not indicated, a fictitious date of 1 January 2006 was assigned for classifying purposes. See also Efeteio, Piraeus, Decision no. 475 of 2005 (Interpoint Shipping Limited v. Myloi Soyas) GREECE 15 A

Related topics
207

The court discusses what more recent means of communication are also covered by the “exchange of letters or telegrams” alternative: telefax, email, e-commerce, etc.

Means of communication for achieving the exchange in writing
209 Incorporation by reference and standard conditions
217

The court discusses the meaning and effect of the referral of the resolution of disputes to arbitration, including: who can ask for referral and when, whether a party has waived its right to request arbitration, the defense that there was no contract at all; whether there was a condition precedent to the commencement of arbitration (e.g. mediation), stay of proceedings v. compelling arbitration, and national procedural specificities such as remand and removal (US), effect of class action. etc.

Referral to arbitration in general
221

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.

Law applicable to "Null and void", etc. (for formal validity and applicable law, see Art. II, ¶204)
GREECE 15 B