Stran Greek Refineries & Stratis Andreadis v. Greece

301-B Eur. Ct. H.R. (ser. A.) (1994)

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Stran Greek Refineries & Stratis Andreadis v. Greece

European Court of Human Rights
301-B Eur. Ct. H.R. (ser. A.) (1994)

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Facts

In 1972 Stran Greek Refineries and Stratis Andreadis (collectively, Stran) (plaintiff) entered into a construction contract with the Greek military regime then in control of Greece (defendant). The contract contained an arbitration clause. Greece unilaterally terminated the contract in 1977 following the end of the military regime and when democracy was restored. Stran commenced arbitration against Greece, and the arbitral tribunal issued an award in favor of Stran. The Greek government challenged the award in Greek courts. The award was upheld in the lower court and the court of appeals, and the Greek government appealed to the Greece Court of Cassation. Shortly before the Greece Court of Cassation was to issue its ruling, the Greek legislature passed a law retroactively voiding the contract with Stran, the arbitration clause, and any arbitration award related to the contract. Pursuant to the new law, the court of cassation annulled the arbitral award in favor of Stran. Stran filed for relief in the European Court of Human Rights, alleging that Greece had violated the European Convention on Human Rights by, among other things, denying Stran’s right to a fair trial.

Rule of Law

Issue

Holding and Reasoning (Per curiam)

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