Arbitration News – Implied waiver of setting-aside proceedings
(Article by Dr. A. Tsavdaridis, published in the Arbitration Newsletter of the ILO on April 23, 2015)
In a recent decision the Athens Court of Appeal held that a valid waiver of setting-aside proceedings
before an award is rendered can be implied, provided that it is contained in an agreement that is
ratified by law and thus acquires legal force.
Facts
In a concession agreement between the Greek government and the concessionaire joint venture for
the construction of a sub-water motorway in Thessaloniki in 2007, the parties agreed that all disputes
or differences of a non-technical nature arising out of the operation of the concession agreement
would be resolved through arbitration under the International Chamber of Commerce Rules of
Arbitration, as modified by the agreement. The parties also agreed that:
“the arbitral award shall be final and irrevocable, not being subject to any ordinary or
extraordinary legal means, and constitute an enforceable title without the need to be so
declared by state courts, the parties being bound to comply with its rulings.”
The parties also agreed that any award should be rendered within four months of signing the terms of
reference. The concession agreement was ratified by Law 3535/2007 and its provisions acquired
legal force.
A dispute arose between the government and the concessionaire. After an arbitral award was
rendered, the state filed a motion to set aside the award. The respondent claimed that the parties had
effectively agreed to waive setting-aside proceedings.
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