Waiver of the right of annulment of an arbitral award. The prior waiver by the Greek State of the right to request the annulment of an arbitral award under article 897 of the Code of Civil Procedure (“CCC”)

(on the ground of invalid arbitration agreement, excess of powers, violation of Greek public order and sound morals etc.) in order to be valid, must be expressed in a clear and unambiguous manner and may not be deduced tacitly. A clause in a contract stating that “The arbitral award is final and non appealable and is not subject to any ordinary or extraordinary legal resort…” does not encompass the special right of annulment under article 897 CCC, particularly in view of the provisions of article 900 CCC providing that the waiver of the right of annulment of an arbitral award before same is issued is null and void. The case involved an ICC arbitration clause in a public concession contract with the Greek State –underwater works in Thessaloniki. (Supreme Court 52/2016)