About Arbitration

The parties in Arbitration jointly appoint an arbitral tribunal to rule on their dispute; the tribunal will issue its award after hearing the case and examining the evidence produced by each party. The arbitral tribunal may consist of a sole Arbitrator or three Arbitrators. Where the parties have opted for three arbitrators, each party usually appoints an arbitrator and the two party-appointed arbitrators jointly select the third arbitrator (chair of the arbitral tribunal). Arbitrators are appointed among prominent professionals with wide experience and a deep knowledge of the subject-matter of the dispute.

Legal Framework

Each jurisdiction has its own rules on arbitration, although most systems are based on the same set of rules (UNCITRAL model law). In Greece, domestic arbitration is regulated under Articles 867-903 of the Greek Code of Civil Procedure, while Greek Law No. 5016/2023 provides the framework for international commercial arbitration. Pursuant to the 1958 New York Convention, ratified by Greece back in 1961, arbitral awards are recognized in more than 150 countries.

Arbitrable disputes

Arbitration is widely used in the UK and the US, Switzerland, Germany, Spain, Singapore, China etc., as a method for resolution of domestic and international commercial disputes. The arbitration process is particularly helpful for resolution of disputes arising from international transactions, since it allows parties to resolve their dispute without having to undergo proceedings before a foreign court, in a foreign language. Arbitration is particularly suitable for resolution of the following disputes, among others:

• Disputes arising from sale and purchase agreements
• Disputes arising from commercial contracts
• Disputes in the framework of international transactions
• Construction disputes
• Shipping disputes
• Disputes in the energy sector
• Controversies as to intellectual property rights
• Controversies in the health sector
• Disputes in the tourism, transport and processing industries
• Any arbitrable dispute subject to arbitration under an arbitration clause

Arbitration vs Mediation

An arbitral tribunal will hear the case and examine evidence, following which it will rule on the case by means of an arbitral award that is binding on the parties. A mediator, on the other hand, does not issue a decision nor does he or she impose any solution; he or she will actually assist the parties in reaching a negotiated resolution agreement themselves.

• A detailed comparison between Mediation and Arbitration is available here.
• For further information on Arbitration please press here.

Advantages & Benefits

Commercial Arbitration emerged in England towards the end of the 18th century, but really took off, reaching its current status, throughout the 20th century. Thus, the few past decades have passed down a successful arbitration model, whereby an arbitral tribunal issues an award with the validity of a court decision. Because of its various advantages, commercial arbitration is seemingly becoming the preferred dispute resolution method for disputes arising from all types of commercial transactions; parties doing business together often opt for including an arbitration clause in their business contracts, to prevent complexities by making sure in advance that any dispute arising from the transaction in question will be resolved by recourse to arbitration. Commercial Arbitration is used to resolve a wide spectrum of commercial disputes; it should be distinguished from other types of arbitration, such as sports arbitration, labor arbitration or consumer arbitration.

Why Mediation?

If you opt for Arbitration, you can expect to benefit from its various advantages:

• Enforceable title, an equivalent to a court decision
The arbitral award is considered an enforceable title under the applicable law. In case of non-compliance of the other party, you can directly seek its enforcement in court.

• Prompt resolution of your dispute
Attractive timeframe of the arbitral proceedings, which are concluded within 6 months of constitution of the arbitral tribunal (an extension can be granted upon agreement of the parties or at the discretion of the tribunal).

• Attractive pricing policy
Cost-effective in comparison to litigation. Prominent Arbitrators from Greece and abroad, whose services are available at very competitive fees.

• Appointment of an impartial tribunal
The members of the arbitral tribunal are appointed among Arbitrators included in the EODID roster of neutrals; the parties may opt for an Arbitrator not included in our roster. Where necessary, the EODID Arbitration Board assists the parties in appointing an arbitral tribunal which meets the requirements of independence and impartiality, taking into account the particular features of the case.

• A fair ruling, in accordance with the law
Entrusting the dispute to the legal expertise of the arbitral tribunal provides a guarantee of protection of your legal rights.

• With all confidentiality guarantees
Pursuant to the EODID Arbitration Rules, unless otherwise agreed by the parties, all those involved in the arbitral proceedings under any capacity whatsoever are bound by confidentiality requirements; this duty persists after conclusion of the proceedings.

If you want to send us a Mediation or Arbitration request, please press here.

Fast Track for Small Claims (claim value up to EUR 200,000)

EODID Athens offers a fast track arbitration process for Small Claims. The fast track regime comprises special competitive arbitration fees and procedural amendments with a view to providing an accessible, flexible alternative for the arbitral resolution of small claims:

• Fast track arbitral proceedings where the amount in dispute does not exceed EUR 200,000;
• Sole arbitrator, written procedure only;
• Optional hearing (maximum 1 hearing);
• Arbitral award rendered within 30 working days of the constitution of the arbitral tribunal;
• Fixed reduced rates for the entire process.

Contact us to submit a Fast Track Arbitration Request with EODID Athens.

Med–Arb & Arb–Med

EODID Athens offers a structured combination of both dispute resolution methods, on the basis of its Mediation and Arbitration Rules. The dispute is thus “divided” in smaller parts, each to be submitted the process that best matches its circumstances. The parties may opt for the combined use of Mediation and Arbitration at the beginning of the resolution process, or after an independent mediation or arbitration process has been initiated.
Med-Arb
Amicable resolution of matters that can be resolved in Mediation, with a guarantee of resolution of the remaining matters by an Arbitral Tribunal. The Mediator who handled the case in the mediation part of Med-Arb cannot be appointed as Arbitrator in that same case. The parties are free to request the mediator to submit to the arbitral tribunal a report on the facts of the case, for acceleration purposes. The report does not cover confidential information disclosed to the mediator.
Arb-Med
Upon initiation of the Arbitral proceedings the parties agree that should an amicable settlement opportunity arise, the arbitration shall be interrupted, and a mediation process shall be initiated. The members or chair of the arbitral tribunal cannot be selected as Mediators in this case. The arbitral tribunal refrains from all steps of the mediation process. It resumes its activity following conclusion of the mediation, to rule on any matter not resolved in mediation.

Early neutral evaluation

EODID Athens offers interested parties the opportunity to consult a neutral expert with regard to the possible outcome of their case in the event that it were to be brought to litigation or arbitration.
The interested party selects a neutral expert among the individuals included in the EODID list of Arbitrators, and submits to EODID Athens the particulars of the case. EODID Athens transmits the file to the Expert, who in turn files with EODID a report in writing, within 30 days of receipt of the particulars of the case. Depending on the circumstances of the case (i.e. in case the interested party has submitted an active dispute), the report may include a non-binding resolution proposal or a referral to mediation.

Further information

Your Arbitration with EODID Athens

Stage 1 – Agreement to Arbitrate
An EODID Arbitration clause has been included in a contract between the parties, which is the origin of the dispute to be resolved. In the alternative, the parties have signed an agreement to arbitrate, whereby they have opted to submit an existing dispute to EODID Arbitration. Please consult your lawyer to adapt the EODID model Arbitration Clause to the circumstances of your case.
Stage 2 – Request for Arbitration
The “applicant” submits to EODID Athens a Request to Arbitrate (in person or by postal mail), making sure to provide the necessary number of copies (one copy for each party to the dispute, one copy for each arbitrator and one copy for EODID Athens). EODID Athens certifies the copies and the applicant undertakes to notify the respondent of the Request; the respondent will then submit a Response to the request to arbitrate. EODID Athens monitors the exchange of introductory briefs and makes all necessary arrangements for the appointment of arbitrators.
Stage 3 – Constitution of the Arbitral Tribunal
In case of a sole arbitrator, the parties agree to an arbitrator; if they cannot reach agreement, they entrust the EODID Arbitration Board with the appointment of the arbitrator. In case of a three-member arbitral tribunal, each party appoints an arbitrator. Those two arbitrators jointly appoint the third arbitrator (chair of the arbitral tribunal). If they cannot reach agreement, the chair of the tribunal is appointed by the EODID Arbitration Board.
Stage 4 – Preliminary meeting
Once nominated arbitrators confirm their availability and the lack of any conflict of interest preventing them from confirming their participation, a preliminary meeting is held. The preliminary meeting is to be scheduled within 15 days of constitution of the arbitral tribunal, its main purpose being setting the procedural norms and the schedule of the arbitral proceedings.
Stage 5 – Main proceedings
In accordance with the outcome of the preliminary meeting, the main part of the arbitral proceedings is held, including for example filing of pleadings and evidence by both parties, as well as one or more hearings, if required. The arbitral tribunal notifies the parties and EODID Athens when it deems that all necessary steps have been taken and an award can now be issued.
Stage 6 – Arbitral award
The arbitral tribunal rules on the dispute brought before it by means of an arbitral award. EODID Athens notifies the parties of the arbitral award. The arbitral award is issued within 6 months of the constitution of the arbitral tribunal. This period is extendable upon agreement of the parties or at the discretion of the tribunal with a view to accommodating the particular circumstances of each case.

How much does Arbitration cost?

• Arbitrator fees
  Arbitrator fees for hearing and processing the dispute are established based on the value of the claim and depend on the number of arbitrators constituting the arbitral tribunal (sole arbitrator or three-member tribunal).
• EODID administrative fee
  Administrative fees are established based on the value of the claim, and cover the organizational needs of the proceedings and the administrative support provided until the issue of the arbitral award.
• Housing & Accommodation expenses
  The total amount of Housing & Accommodation expenses depends on the number of hearings and deliberations held throughout the arbitral proceedings.
• Attorney’s fees
  For legal assistance services provided throughout the arbitral proceedings.
• Third party fees
  Established on the basis of the particular needs of each case, if applicable. Examples of such fees include those corresponding to expert evidence, interpretation and translation services etc.. Read more about the EODID Athens arbitration costs & fees policy (Annex V to the Arbitration Rules) and contact us to be informed of the total cost of arbitration for resolution of your dispute.

Tips for a successful mediation

• Participate in good faith and a genuine will to collaborate.
• Choose a legal counsel who is familiar with the mediation process and possesses mediation advocacy skills.
• Identify which parts of your dispute matter the most to you; set priorities.
• Try to evaluate which parts of the disputes are more important to your dispute counterparty; explore them in advance and be prepared to ask questions.
• Make sure you have the authority to make final decisions as regards the dispute in question; if applicable, arrange in advance for the necessary authorizations.
• When the mediator invites you to brainstorm solutions, be willing to also explore possibilities that you would probably discard at first glance.
• When the mediator asks the other party to brainstorm solutions, listen carefully and control your urge to discard any proposals before exploring whether they could work for you.
• Ask your lawyer for guidance whenever you feel that his or her advice would help you.
• Αsk the mediator for a caucus if there is something you would like to discuss in private before discussing it with the other party.
• Think of ways to use the mediation process as an opportunity to explore a possible renewal or improved configuration of your collaboration with the other party on a more solid basis.
• Discuss with the mediator any doubts or reluctance you may have with regard to a particular clause of the final mediation agreement before signing and committing to its provisions.

Mediation Advocacy

Your contribution as legal counsel is fundamental to the success of the mediation process! You will be of great assistant to your client when you:

• Make sure that you provide the mediator with all the necessary information requested during the preparation stage, in order to help him or her better prepare the mediation session.
• Request further information and clarifications from the EODID staff and the mediator, in order to be absolutely familiar with what your client needs from you at all stages of the mediation process.
• Ensure that the people whose participation is key to resolution of the dispute are available to participate.
• Make sure that your client has the authority to make final decisions with regard to the subject-matter of the dispute, without needing the approval or authorization of third parties.
• Encourage your client to actively participate in the mediation process, helping him or her prepare in advance if necessary, and you intervene where necessary to protect your client’s interests.
• Arrange your schedule in order to have the day scheduled for mediation available in order to participate in the mediation process (a mediation session may last a full day!).
• Actively participate in drafting the final mediation agreement, ensuring that the various solutions agreed by the parties are duly worded to create the corresponding contractual rights and obligations.
• Doublecheck that your client has fully understood the terms of the final mediation agreement before signing that agreement.

How much does Mediation cost?

• The cost of mediation depends on the value of the claim, the duration of the mediation session and the fee of the mediator chosen by the parties (different rates apply to different groups of mediators - group I or group II as per Annex I of the EODID Mediation Rules).
• This cost comprises a fee for mediation services and the cost of housing & accommodation (plus VAT).
• The relevant amount is paid per party to the dispute (interested party and their legal counsel).

Read more about the EODID Athens mediation costs & fees policy (Annex III to the Mediation Rules) and contact us to be informed of the total cost of mediation for resolution of your dispute.