How to Start International Arbitration in Greece: Step‑by‑step Checklist (law 5016/2023)

Understanding how to start international arbitration in Greece is now a more structured exercise than it was before February 2023, when Law 5016/2023, the International Commercial Arbitration Act, replaced the country’s fragmented arbitration regime with a modern, UNCITRAL Model Law–aligned framework. This guide walks general counsel, in‑house teams, CFOs and external practitioners through every procedural stage: from pre‑commencement preservation through notice drafting, tribunal constitution, hearings and enforcement. Greece is a contracting state of the New York Convention, which means awards rendered in Athens or any other Greek seat city are enforceable in over 170 jurisdictions.

Overview of the Arbitration Procedure in Greece

Law 5016/2023 governs all international commercial arbitrations seated in Greece. Its stated purpose is to consolidate international arbitration within the Greek legal order as a product of party autonomy, aligning domestic practice with the 2006 revision of the UNCITRAL Model Law on International Commercial Arbitration. The law applies to both Greek and foreign parties, there is no nationality restriction on who may commence or participate in proceedings.

A critical distinction under the Act is between seat and venue. The seat determines the procedural law that governs the arbitration (the lex arbitri). If the parties have not designated a specific city, the seat defaults to Athens. The venue, i.e., the physical location where hearings take place, may be anywhere the tribunal considers convenient, including outside Greece, without affecting the seat.

Parties typically choose arbitration seated in Greece when their underlying contract has a Greek connection, when Greek-law governed disputes arise in cross-border transactions, or when the parties want a neutral EU seat with predictable enforcement under the New York Convention. The arbitration procedure in Greece under Law 5016/2023 is institution-neutral: parties may select ICC, LCIA, UNCITRAL ad hoc rules, or any other set of institutional rules they agree upon. Where no rules are specified, the Act’s default provisions fill the gaps.

The practical implication for claimants in 2026 is that Greece now offers a competitive procedural environment, one that rewards careful advance planning. The sections below set out every step, every document, and every deadline you need.

Eligibility and Prerequisites for International Arbitration in Greece

Before commencing proceedings, confirm three threshold requirements: arbitrability of the dispute, a valid arbitration agreement, and the international character of the case.

Arbitrability

Under Article 3(4) of Law 5016/2023, any dispute is arbitrable unless expressly prohibited by law. This rebuttable presumption of arbitrability is a significant departure from the earlier Greek Code of Civil Procedure regime, which required parties to demonstrate that they had the power of disposition over the subject matter. The 2023 Act broadens arbitrability to most commercial and contractual claims. Disputes that remain non-arbitrable under Greek public policy include certain employment matters, consumer protection claims, and matters touching on personal status or in rem rights over immovable property where exclusive court jurisdiction applies.

Valid arbitration agreement

The arbitration agreement must be in writing. It may be contained in a contract clause or in a separate submission agreement. An effective arbitration clause for a Greece-seated arbitration should specify at minimum the following elements:

• Seat. Name “Greece” and, where possible, the specific city (e.g., Athens, Thessaloniki).
• Applicable rules. ICC, LCIA, UNCITRAL, or other institutional/ad hoc rules.
• Number of arbitrators. Sole arbitrator or three-member panel.
• Language of proceedings. English, Greek, or another agreed language.
• Governing law of the contract. Distinct from the lex arbitri (which is Greek law for a Greece seat).

If the clause omits the seat city, Law 5016/2023 provides that the seat is Athens by default. Drafting the arbitration clause wording for a Greece-seated case with precision at the contract stage avoids jurisdictional challenges later. Parties negotiating new contracts should review model clauses published by their chosen institution and adapt them for the Greek seat.

International character

Law 5016/2023 applies to arbitrations that are “international” within the meaning of the Act, broadly, cases where at least one party has its place of business outside Greece, or the subject matter of the dispute relates to more than one country. Purely domestic arbitrations remain governed by the Greek Code of Civil Procedure.

Step-by-Step Procedure to Start International Arbitration in Greece

The following numbered steps trace the arbitration procedure from pre-filing preservation through to enforcement. Each step identifies who acts, what is required, and the expected timeframe.

Step 0, Preserve evidence and consider emergency interim relief

Before filing a notice of arbitration, assess whether urgent preservation measures are needed. If there is a real risk that the opposing party will dissipate assets, destroy evidence, or take steps that would render a future award unenforceable, act immediately.

Under Law 5016/2023, applying to a Greek court for interim measures before or during arbitration does not waive the right to arbitrate. Greek courts retain jurisdiction to grant provisional relief, including asset-freezing orders and evidence-preservation orders, even where the parties have agreed to arbitrate. Emergency applications to Greek courts can, depending on the case and the court’s schedule, be heard within 24–72 hours of filing.

Alternatively, if the chosen institutional rules provide for an emergency arbitrator (as ICC and LCIA rules do), consider filing an emergency arbitrator application concurrently with or shortly before the notice of arbitration. Emergency arbitrator decisions are typically rendered within 3–7 days of the application. The tactical choice between court-ordered interim measures in Greece and emergency arbitrator relief depends on enforceability needs: court orders are immediately executable in Greece, while emergency arbitrator orders may require separate enforcement steps.

Step 1, Draft and serve the notice of arbitration

The notice of arbitration is the document that formally commences proceedings. Its required contents vary slightly depending on the institutional rules chosen, but under most frameworks and Law 5016/2023 defaults, the notice must include:

• Full names and contact details of all claimant and respondent parties.
• Reference to the arbitration clause or submission agreement, with the full text or a certified extract attached.
• Designation of the seat, state “Greece” and, if applicable, the specific city.
• Summary of the dispute, a concise description of the facts and legal basis of the claim.
• Relief sought, the specific remedies or damages claimed, with the claim amount quantified where possible.
• Proposed number of arbitrators and, where applicable, the name of the claimant’s nominated arbitrator.
• Applicable rules, ICC, LCIA, UNCITRAL ad hoc, or other.
• Language of proceedings, as agreed in the clause or proposed by claimant.

Service must comply with the method prescribed by the applicable rules. For ICC arbitrations, the notice is filed with the ICC Secretariat in Paris, which transmits it to the respondent. For UNCITRAL ad hoc arbitrations, claimant serves the notice directly on the respondent, typically by courier, registered mail, or other verifiable delivery method. Allow 14–28 days for acknowledgement, particularly where cross-border service is involved.

Step 2, Register with the institution and constitute the tribunal

If institutional arbitration is chosen (ICC, LCIA, or another body), file the notice together with the required registration fee. The institution typically issues a file reference number within 1–5 business days of receiving a compliant filing.

Tribunal constitution in Greece follows the mechanism agreed by the parties or prescribed by the applicable rules:

• Sole arbitrator. The parties may agree on a sole arbitrator within a specified period (typically 30 days under ICC rules). If they cannot agree, the institution appoints one.
• Three-member tribunal. Each party nominates one co-arbitrator. The two co-arbitrators then select a presiding arbitrator. If any appointment is not made within the prescribed time, the institution or an appointing authority steps in.

Under Law 5016/2023, where the parties have not agreed on an appointment mechanism, any party may request the competent Greek court to make the appointment. The likely practical effect of this provision is to prevent delay tactics by a non-cooperating respondent.

Tribunal constitution typically takes 2–4 weeks if the parties cooperate, and 4–8 weeks if an appointing authority must intervene. Before nominating an arbitrator, conduct a thorough conflict-of-interest check, including disclosure of any prior dealings, to reduce the risk of a subsequent challenge.

Step 3, Attend the preliminary conference, seek provisional measures, and agree on case management

Once constituted, the tribunal will convene a preliminary procedural conference, usually within 1–3 weeks. At this conference, the tribunal and parties establish:

• Procedural timetable. Deadlines for written submissions, document production (if any), witness statements, expert reports, and hearings.
• Procedural rules. Agreements on evidence, confidentiality, and hearing format (in-person, virtual, or hybrid).
• Interim measures. If not already obtained, either party may apply to the tribunal for interim measures under Law 5016/2023. The tribunal has broad powers to order any measure it considers necessary to preserve evidence, assets, or the status quo.

The interplay between Greek courts and the arbitral tribunal on interim measures is a defining feature of the 2023 Act. Industry observers expect the streamlined framework to reduce parallel proceedings and provide faster, more predictable relief compared to the pre-2023 regime. Where the tribunal has already been constituted, applications for interim measures should generally be directed to the tribunal rather than the court, unless court-specific enforcement mechanisms (such as asset freezes binding on third parties like banks) are required.

Step 4, Conduct hearings, obtain the award, and enforce

After the written-submissions phase, the tribunal schedules an oral hearing. Hearings seated in Greece may be held in person in Athens or another Greek city, or remotely via video conference, the tribunal has discretion on format. A typical commercial hearing lasts 1–5 days for a single-issue dispute; complex, multi-party cases may require longer.

Following the hearing, the tribunal deliberates and issues a final award. Drafting and issuance typically take 2–8 weeks after the last hearing day, though this can extend for complex cases. Under most institutional rules, the award is final and binding.

Enforcement of a Greece-seated award proceeds under the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards (1958), to which Greece is a contracting state. To enforce in Greece, the award holder files an application with the competent single-member court of first instance, accompanied by the original award (or a certified copy) and a certified Greek translation. Recognition and enforcement proceedings typically take 1–3 months, depending on the court’s workload and whether the losing party raises objections.

If the unsuccessful party seeks to set aside the award, the application must be filed with the Athens Court of Appeal (for Athens-seated arbitrations) within the time limits prescribed by Law 5016/2023. Setting-aside grounds mirror the UNCITRAL Model Law, including incapacity, invalid arbitration agreement, procedural irregularity, excess of jurisdiction, or conflict with Greek public policy.

Required Documents and Information

The following table lists the documents needed to commence and prosecute an international arbitration seated in Greece, together with practical notes on who issues each document and any formality requirements. Cross-border parties should pay particular attention to translation, notarisation and apostille obligations, Greek courts generally require certified Greek translations of all documents submitted in connection with interim relief applications or enforcement proceedings.

For cross-border documents, the Hague Apostille Convention applies, documents issued in Apostille Convention member states require an apostille rather than full consular legalisation. Documents originating in non-member states may require consular legalisation through the Greek consulate in the issuing country. Confirm requirements with Greek counsel before filing.

Timeline and Key Deadlines for International Arbitration in Greece

The timeline below sets out a realistic calendar for the first 12 months of an international arbitration seated in Greece. Actual durations depend on the complexity of the case, the cooperation of the parties, and the chosen institutional rules. Where urgent preservation is needed, interim relief applications should be prepared on or before the day the notice of arbitration is filed.

Parties should be aware that statutory limitation periods under Greek substantive law continue to run until arbitration is formally commenced. Filing the notice of arbitration interrupts limitation. If your claim is approaching a limitation deadline, file the notice immediately and deal with tactical preparation afterwards. Always verify the applicable limitation period with Greek counsel, as it varies by claim type.

Arbitration Costs, Fees and Tax Considerations

Estimating arbitration costs at the outset helps parties budget realistically and assess the economics of the dispute. The table below provides indicative ranges. Actual figures depend on the institution, the amount in dispute, the number of arbitrators, and case complexity.

Cost allocation generally follows the award: the tribunal decides which party bears institutional fees, arbitrator fees and, in some cases, legal costs. During proceedings, however, parties typically bear their own costs on an interim basis.

Tax considerations merit early attention. Arbitrator fees invoiced from abroad may be subject to Greek withholding tax obligations. Institutional administrative fees may attract VAT depending on the service provider’s location and the VAT regime applicable. Parties should consult a Greek tax adviser to confirm withholding and VAT treatment before the first payment is due.

What Changed Under Law 5016/2023, Practical Effects in 2026

Law 5016/2023 introduced several changes that directly affect how practitioners start international arbitration in Greece today:

• Presumption of arbitrability. Article 3(4) establishes that any dispute is arbitrable unless expressly prohibited by law. This reverses the prior burden and broadens the scope of claims that can be submitted to arbitration.
• Default seat: Athens. Where parties have designated Greece as the seat but have not specified a city, the seat is Athens by default. This eliminates earlier ambiguity about venue selection.
• Streamlined court–arbitration interplay. The Act clarifies that court-ordered interim measures do not conflict with the arbitration agreement. Early indications suggest that Greek courts are cooperating with arbitral proceedings more efficiently under the new framework, reducing parallel-track delays.
• UNCITRAL Model Law alignment. Setting-aside grounds and enforcement procedures now closely mirror the Model Law, which industry observers expect will increase international confidence in Greece as an arbitration seat.

For practitioners drafting notices in 2026, these changes mean: explicitly designate the seat city in your notice (even if it is Athens, to avoid argument); cite Article 3(4) when asserting arbitrability; and consider the tribunal as the primary forum for interim measures once it is constituted.

Common Pitfalls and How to Avoid Them

• Deficient notice of arbitration. Omitting the seat designation, the claim amount, or the arbitration clause reference can delay proceedings or invite jurisdictional objections. Use the checklist in this guide to ensure completeness.
• Failing to preserve evidence early. Waiting until after filing to seek preservation orders risks evidence destruction. Prepare interim relief applications before or simultaneously with the notice.
• Skipping conflict-of-interest checks. Nominating an arbitrator without thorough due diligence on prior relationships invites challenge proceedings and delays tribunal constitution by weeks.
• Neglecting translation and legalisation formalities. Cross-border Powers of Attorney and supporting documents filed with Greek courts require certified Greek translation and, for non-Apostille-Convention countries, consular legalisation. Missing formalities can result in rejected filings.
• Ignoring limitation periods. Greek substantive law limitation periods are not tolled by pre-arbitral negotiations. File the notice before the limitation period expires, then negotiate the timetable afterwards.

Sources

1. EODID, English Translation of Law 5016/2023 (KANONISMOS-ENG)
2. International Commercial Arbitration Act of Greece, English Translation
3. UNCITRAL Model Law on International Commercial Arbitration
4. International Bar Association, Greece Arbitration Guide
5. Columbia University ARIA, Unpacking the New Greek Law on International Commercial Arbitration
6. UNCITRAL, New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards