Cyprus:
Cypriot Courts Do Not Have Jurisdiction To Grant Anti-Suit Injunctions In Aid Of Arbitral Proceedings Pursuant To Section 9 Of Law 101/87 (Uncitral Model Law).
17 June 2019
Soteris Pittas & Co LLC
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The Supreme Court decided to quash and set aside such an
anti-suit injunction on the following grounds:
(a) The Cypriot Courts do not have jurisdiction to grant an
anti-suit injunction, pursuant to Section 9 of the International
Commercial Arbitration Law (L 101/87) which has adopted verbatim
the Uncitral Model Law, in aid of LCIA proceedings filed by the
Respondent to the Certiorari Proceedings, because the term
"protective measures" contained in Section 9 of the Law
101/87, does not include or cover an anti-suit injunction.
(b) The Cypriot Courts did not have jurisdiction to grant any
anti-suit injunction, because the competent Courts were the English
Courts, in the jurisdiction of whom, the arbitral proceedings filed
by the Respondents to the Certiorari Proceedings, were
conducted.
Our lawfirm acted for the successful applicant to the Certiorari
Proceedings.
The Supreme Court of Cyprus granted a prerogative order of
Certiorari quashing an anti-suit injunction blocking a Cypriot
Company
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