What Law 5016/2023 Means for Shipping & Maritime Arbitration in Greece (2026 Update)

Maritime arbitrability in Greece has undergone a significant transformation since the enactment of Law 5016/2023, which replaced the arbitration provisions previously embedded in the Greek Code of Civil Procedure. For shipowners, charterers, P&I clubs and cargo insurers dealing with shipping disputes in Greece, the reform expands the scope of claims that can be resolved through arbitration, clarifies the role of Greek courts in supporting arbitral proceedings, and streamlines the enforcement of awards. This 2026 update examines the operational impact of the new greek arbitration law on maritime practice in Piraeus and beyond, offering practitioners actionable steps for clause drafting, interim relief and casualty response.

Key takeaways at a glance:

• Broader arbitrability. Law 5016/2023 widened the categories of disputes that parties can submit to arbitration, covering virtually all commercial maritime claims where the parties have the power to dispose of the subject matter.
• Court cooperation, not competition. Greek courts now have an explicit statutory mandate to assist arbitral tribunals, granting interim measures in Greece, ordering preservation of evidence and supporting ship arrests even when the arbitration is seated abroad.
• Faster enforcement pathway. The law reduced procedural friction for enforcement of arbitral awards in Greece, though standard New York Convention defences still apply.
• Immediate action required. Shipping parties should audit existing arbitration clauses, update casualty response protocols and ensure Piraeus counsel are briefed on the new procedural landscape.

What Law 5016/2023 Changed, Statutory Overview

Law 5016/2023, published in the Government Gazette of the Hellenic Republic (FEK A΄ 21/04.02.2023), replaced Articles 867–903 of the Greek Code of Civil Procedure with a self-contained arbitration statute. The law drew heavily on the UNCITRAL Model Law on International Commercial Arbitration, aligning Greece’s domestic framework with international best practice for the first time in a comprehensive fashion. Its stated purpose, set out in the explanatory memorandum, was to modernise arbitration procedure, attract international disputes to Greek-seated arbitration and reinforce Piraeus as a credible forum for shipping disputes in Greece.

The statute applies to both domestic and international arbitrations seated in Greece, unless a different institutional framework (such as PAMA rules or ICC rules) explicitly provides otherwise. Critically for maritime practitioners, it did not create a separate maritime arbitration regime; instead, it broadened the general definition of arbitrability in a way that captures the full spectrum of commercial shipping claims.

Key Provisions That Matter for Shipping Disputes

• Arbitrability (Article 1). Any dispute involving rights of which the parties may freely dispose is arbitrable. This encompasses charterparty claims, cargo damage, collision liability, salvage remuneration and general average, the core of maritime commercial work.
• Form of the arbitration agreement (Article 7). The law recognises arbitration agreements in writing, including those incorporated by reference in bills of lading or charterparties, a practical validation of long-standing maritime industry practice.
• Interim measures by courts (Article 17J). Greek courts retain jurisdiction to order interim protective measures even where an arbitration agreement exists, and even where the tribunal is seated outside Greece. This codifies what practitioners previously achieved through case-law-based arguments.
• Enforcement of awards (Articles 35–36). The recognition and enforcement procedure is simplified, with grounds for refusal narrowly drawn and aligned with Article V of the New York Convention.

Interaction with International Treaties (New York Convention, EU Rules)

Greece has been a party to the 1958 New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards since 1961. Law 5016/2023 does not displace the Convention but complements it: foreign awards continue to be enforced under the Convention’s framework, while the new statute governs awards rendered in Greece-seated arbitrations. The law also preserves the application of EU Regulation 1215/2012 (Brussels I Recast) for matters falling outside the Regulation’s arbitration exclusion. Industry observers expect the practical effect to be that maritime parties seeking enforcement of arbitral awards in Greece will benefit from a dual track, Convention-based enforcement for foreign awards and a streamlined domestic procedure for Greek-seated awards, with clearer statutory grounds for court assistance at every stage.

Maritime Arbitrability in Greece After Law 5016/2023, Examples and Boundary Cases

The expanded definition of arbitrability under greek arbitration law means that the overwhelming majority of commercial shipping claims are now clearly arbitrable. The table below sets out the most common dispute categories, their arbitrability status and a practical note for each.

Typical Shipping Claims That Remain Non-Arbitrable

The boundary of arbitrability in Greece falls where public policy or mandatory statutory protections override party autonomy. Criminal proceedings, such as prosecutions for pollution under MARPOL implementation legislation or manslaughter charges following a casualty, cannot be diverted to arbitration. Administrative penalties imposed by the Hellenic Coast Guard or port authorities must be challenged through administrative court proceedings. In the employment context, disputes involving Greek seafarers employed under collective bargaining agreements may be subject to mandatory jurisdiction provisions that limit or exclude arbitration. Parties should always verify the precise nature of the claim before assuming arbitrability.

How Greek Courts Support Arbitration, Interim Measures, Preservation and Ship Arrests

One of the most operationally significant changes introduced by Law 5016/2023 is the explicit statutory framework for court assistance to arbitral proceedings. For P&I clubs and claims handlers dealing with a casualty response in Greece, the ability to obtain interim measures in Greece swiftly, whether the arbitration is seated in Piraeus, London or Singapore, is often the decisive factor in protecting a client’s position.

Procedure for Urgent Interim Measures

Under Article 17J of Law 5016/2023, a party may apply to the competent Greek court for interim measures regardless of the existence of an arbitration agreement. The application is made to the Single-Member First Instance Court (Monomeles Protodikeio) of the place where the measure is to be enforced, in shipping cases, this is almost always the Piraeus First Instance Court. The procedure follows the general rules for provisional measures under the Greek Code of Civil Procedure (Articles 682 et seq.), adapted to reflect the arbitration context.

The applicant must demonstrate: (1) the existence of a prima facie claim; (2) an urgent need or imminent danger that justifies interim protection; and (3) the existence of an arbitration agreement or pending arbitral proceedings. The court can grant freezing orders, orders for the preservation of evidence (such as survey access to a vessel), and orders prohibiting the disposal of assets.

Ship Arrests: When Courts Will Arrest Pending Arbitration

Ship arrest remains the most powerful interim tool in maritime practice. Greek law permits the conservative arrest (συντηρητική κατάσχεση) of a vessel to secure a monetary claim, including where that claim is subject to an arbitration agreement. The arresting party applies ex parte to the Piraeus First Instance Court, submitting an affidavit setting out the claim, the arbitration agreement and the grounds for urgency. Early indications from 2024–2026 practice suggest that Greek judges routinely grant arrest orders within 24 to 48 hours where the documentation is in order.

For vessel owners or managers seeking to lift an arrest, the standard procedure involves filing a counter-application supported by a P&I club letter of undertaking (LOU) or a bank guarantee. The court will typically schedule a hearing within days, and the likely practical effect of Law 5016/2023 is that judges are now more willing to lift an arrest and refer the substantive dispute to arbitration, provided the security offered is adequate.

Coordination with P&I Clubs and Local Agents

Effective casualty response in Greece requires seamless coordination between the P&I club, the local correspondent and Piraeus-based counsel. The following checklist captures the immediate actions for the first 24 hours:

1. Appoint local counsel in Piraeus. Confirm retainer and provide initial instructions within 2 hours of the incident.
2. Instruct the P&I club correspondent. Ensure they attend the vessel and begin evidence preservation (photographs, logbook copies, VDR data download).
3. Apply for preservation of evidence. If access to the opposing vessel or cargo is required, file an urgent application under Article 17J.
4. Assess arrest risk and opportunity. Determine whether to seek an arrest of the opposing party’s vessel or, if the client’s vessel is at risk of arrest, prepare the LOU or guarantee immediately.
5. Serve notice of arbitration. If a charterparty arbitration clause applies, serve notice promptly to protect against limitation and to demonstrate to the court that arbitral proceedings are under way.
6. Notify underwriters. Alert H&M and cargo insurers, providing initial incident details and estimated exposure.

Enforcement of Arbitral Awards in Greece, Routes, Timelines and Grounds of Refusal

The enforcement of arbitral awards in Greece proceeds along two tracks depending on where the award was rendered. For foreign awards (including London Maritime Arbitrators Association awards or ICC awards seated outside Greece), enforcement follows the New York Convention procedure. For awards rendered in Greece-seated arbitrations, domestic enforcement under Law 5016/2023 applies. In both cases, the applicant files with the Single-Member First Instance Court, submitting the original or certified copy of the award, the arbitration agreement and, for foreign awards, an apostilled or legalised translation.

Enforcement Timeline and Practical Delays

Common grounds for refusing enforcement mirror those in Article V of the New York Convention: invalidity of the arbitration agreement, lack of proper notice to the opposing party, the award dealing with matters beyond the scope of the arbitration agreement, procedural irregularity in the composition of the tribunal, and contravention of Greek public policy. In practice, Greek courts construe the public policy defence narrowly, a trend reinforced since the adoption of Law 5016/2023.

Practical Enforcement Tactics for P&I and Insurers

Where enforcement of arbitral awards in Greece is sought against a vessel, practitioners should consider combining the enforcement application with a conservative arrest to prevent the vessel from departing Greek waters. Attachment of bunkers in port is another effective tactic, particularly where the debtor has limited onshore assets in Greece. P&I clubs acting as guarantors should ensure that any LOU issued during the arrest phase clearly reserves rights to contest enforcement on Convention grounds if the underlying award is subsequently challenged.

Drafting and Contracting Playbook for Shipping Parties

Maritime arbitrability in Greece is only as effective as the clause that invokes it. Poorly drafted arbitration clauses remain the single most common source of jurisdictional disputes in Piraeus courts. Shipowners, charterers and P&I clubs should review existing template clauses in light of Law 5016/2023 to maximise enforceability and court cooperation.

Recommended Clause (Sample)

The following sample clause is designed to work with the provisions of greek arbitration law while preserving flexibility for the parties:

“Any dispute arising out of or in connection with this contract, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration seated in Piraeus, Greece, in accordance with [PAMA Rules / LMAA Terms, as applicable]. The arbitral tribunal shall consist of [one / three] arbitrator(s). The language of the arbitration shall be English. Notwithstanding the foregoing, either party may apply to the competent Greek court for interim or conservatory measures, including the arrest of vessels or the preservation of evidence, without such application being deemed a waiver of the arbitration agreement.”

Clauses to Avoid, Fall-Back Litigation Triggers

• Hybrid jurisdiction clauses that give one party the option to litigate or arbitrate at its election, Greek courts may treat these as invalid arbitration agreements.
• Vague incorporation language in bills of lading (e.g., “all terms and conditions of the charterparty apply”) without specifically referencing the arbitration clause, this can fail the specificity test under Greek law.
• Clauses that purport to exclude court jurisdiction for interim measures entirely, under Law 5016/2023, parties cannot contractually strip the court’s residual power to grant interim relief, and attempting to do so may cast doubt on the clause as a whole.

Casualty Response and Operational Checklist for Owners, P&I and Insurers

When a maritime casualty occurs in Greek waters or involves a vessel calling at a Greek port, speed is everything. The first 48 to 72 hours determine whether evidence is preserved, whether assets are secured and whether the correct arbitral machinery is engaged. The following operational plan is structured for P&I clubs and claims handlers managing a casualty response in Greece.

Role of P&I Clubs and H&M Insurers, Action Matrix

The emphasis throughout is on document collection and court readiness. Greek courts expect supporting affidavits to include certified translations of key documents, and any delay in assembling these can push an arrest or preservation application back by critical days.

Key Recent Court Practice and Precedents (2024–2026), Practical Takeaways

Since the enactment of Law 5016/2023, Greek courts, particularly the Piraeus First Instance Court and the Piraeus Court of Appeal, have issued a series of decisions that clarify the law’s application to shipping disputes in Greece. Industry observers expect several trends to solidify as the body of case law grows.

Trends in Judicial Approach

The judicial trend emerging from 2024–2026 practice is firmly pro-arbitration. Courts have demonstrated a consistent willingness to refer parties to arbitration where a valid arbitration agreement exists, declining jurisdiction over the merits even where the claim involves significant sums or complex multi-party disputes. At the same time, judges have actively exercised their power to grant interim measures in Greece in support of arbitration, treating Articles 17J and 682 et seq. as complementary tools.

Notably, Piraeus courts have granted ship arrests in several cases where the underlying arbitration was seated in London, confirming that Greek courts see their role as supportive rather than competitive with the arbitral process. In enforcement proceedings, early indications suggest that the narrowed public policy defence has made it materially harder for award debtors to resist recognition. These developments reinforce the position of Piraeus as an increasingly credible forum for maritime arbitration, supported by the institutional infrastructure of the Piraeus Association for Maritime Arbitration (PAMA) and a judiciary that is growing more experienced with arbitration-related applications.

Timeline of Key Legislative and Practice Developments

Sources

1. Government Gazette of the Hellenic Republic (FEK), Law 5016/2023
2. Hellenic Ministry of Justice
3. Areios Pagos (Supreme Court of Greece), Published Judgments
4. Piraeus Association for Maritime Arbitration (PAMA)
5. UNCITRAL, Model Law and New York Convention Resources
6. University of Piraeus / DIONE Repository, Arbitration in Greece (2025)