Κατεύθυνση Ιδιωτικό Διεθνές Δίκαιο και Δίκαιο Διεθνών Συναλλαγών
Library of the School of Law

2018-03-27

2018

Raisaki Sofia

ΧΑΡΑΛΑΜΠΟΣ ΠΑΜΠΟΥΚΗΣ, Καθηγητής Ιδιωτικού Διεθνούς Δικαίου στη Νομική Σχολή του Πανεπιστημίου Αθηνών
ΕΛΙΝΑ ΜΟΥΣΤΑΪΡΑ, Καθηγήτρια Συγκριτικού Δικαίου
ΧΡΥΣΑΦΩ ΤΣΟΥΚΑ, Επίκουρη καθηγήτρια ιδιωτικού διεθνούς δικαίου

Διαιτησία και Κρατικές Συμβάσεις

Greek

Arbitration and State Contracts

The parties' disputes are not settled only through court proceedings, as is customary. The malfunctions known to all of us that characterize the state's administration of justice have led to the search for other alternative forms of dispute resolution. Alternative Dispute Resolution is known globally with Alternative Dispute Resolution (ADR). The choice of alternative ways of resolving disputes between the parties demonstrates the need for it, given the advantages it offers. In this regard, we mention as advantages, the lower cost of procedures and the limited time usually compared to court games which may last for many years. Nowadays, where hundreds of thousands of transactions take place in multiple ways across the globe, we can see the degree of significance of the speed of resolving an emerging dispute as well as the cost of resolving it. Furthermore, interest and complexity are intensified if the other party is not a simple individual but a state. The State, as contracting party at the time of concluding the contract, may be contracted either in the form and power of the state entity or as a fiscus. In particular, in the present study we will focus on the peculiarities presented in concluding state conventions and on the settlement of disputes arising from them through arbitration. Arbitration is a manifestation of the principle of private autonomy as the power of the arbitral tribunal to rule on the dispute before it stems indirectly from the Constitution and the law, directly stemming from the arbitration agreement concluded by the parties. The following cases of Greek state conventions such as Occupation of Systems for the Security of Olympic Games "Athens 2004", Cosco case, Hellenic gold case, etc., are also analyzed in a case-by-case manner recently and well known to the general public

Law and Legislation

Private international law

arbitration,state contracts

Yes

1

No

21

71

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https://pergamos.lib.uoa.gr/uoa/dl/object/2718843