Unit:
Κατεύθυνση Ιδιωτικό Διεθνές Δίκαιο και Δίκαιο Διεθνών ΣυναλλαγώνLibrary of the School of Law
Author:
Marinis Anastasios
Supervisors info:
ΧΑΡΑΛΑΜΠΟΣ ΠΑΜΠΟΥΚΗΣ
ΕΛΕΝΗ ΜΟΥΣΤΑΙΡΑ
ΑΝΑΣΤΑΣΙΟΣ ΓΟΥΡΓΟΥΡΙΝΗΣ
Original Title:
Η επιφύλαξη της διεθνούς δημόσιας τάξεως ως λόγος άρνησης της αναγνώρισης αλλοδαπής διαιτητικής απόφασης κατά τη σύμβαση της Νέας Υόρκης κατά την ελληνική νομολογία
Translated title:
The meaning of public order, of article V 2 (b) of the New York Convention, as a reason of non-recognition of foreign arbitral decisions, according to Greek case law
Summary:
The meaning of public order of article V 2 (b) of the New York Convention, as a reason of non-recognition and non-enforcement of foreign arbitral decisions, does not appear any particular interpretation and enforcement problems by the Greek courts (except from few examples of cases regarding cases of great economic and political importance – case C41 and OPAP case), since it is commonplace, that this clause refers to the so called international public order in the strict sense ( id est not the ius cogens clause of article 3 AK), id est the fundamental general principals and perception of Greek society, at a particular time, the violation of which may cause a disturbance of the country’ s living standards.
Following all the above, it is obvious that according to Greek case law the court of recognition during the judicial review of whether or not the arbitral decision is in conformity with the public order is bind by the real presumptions, the proofs, in which it concluded by the evaluation and assessment of the real material and facts that it judged (id est the above arbitral decision) as proved.
The relevant review by the Greek courts is being held only to decide whether the foreign arbitral decision has fallen under great infringements of fundamental principles for the Greek legal order, without this review leading to an overview of the case; which would be opposite to the international cooperation and mutual respect to the arbitral function of the cooperating states. Moreover, the Greek courts, ought to take into account and the fact that the foreign decision might have to implement not the Greek law (compulsory or supplementary) but the foreign law (also compulsory or supplementary) and draw the relevant conclusions.
Main subject category:
Law and Legislation
Other subject categories:
Private international law
Keywords:
PUBLIC ORDER, NEW YORK CONVENTION, RECOGNITION OF FOREIGN ARBITRAL DECISIONS
