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The Chabra Jurisdiction Of Cypriot Courts
In the case GDL TRADING LTD -V- AGROMARKETS LTD & OTHERS, the District Court of Nicosia inter alia held – (adopting English case law) - that the jurisdiction of the Courts to grant Chabra injunction,
2 Oct 2019
Useful Guidance For Cypriot Courts As To Their Jurisdiction To Control The Manner In Which A Party Obtains Evidence To Support Its Case
In the English case SOUTH CAROLINA INSURANCE CO -V- ASSURANCE MAATSCHAPPIJ "DE ZEVEN PROVINCIEN NV (1987), the defendants to an English Action
10 Sep 2019
Methods Of Enforcement Of An Arbitral Award In The Republic Of Cyprus
A successful party in an arbitration may find the losing party unwilling to honor the arbitral award
31 Jul 2019
Inherent Jurisdiction Of Cypriot Court To Stay Enforcement Proceedings Of An Arbitral Award
In the leading Appellate case, Attorney General of The Republic of Kenya -v- Bank Fur Arbeit & Wirtschaft AG (1999), the Supreme Court of Cyprus held inter alia, that Cypriot Courts do have inherent jurisdiction...
24 Jul 2019
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).
The Supreme Court of Cyprus granted a prerogative order of Certiorari quashing an anti-suit injunction blocking a Cypriot Company
17 Jun 2019
Company Law – Power Of Court To Rectify The Register Of Members Of A Cyprus Company
It has been held by Cypriot courts (adopting English case law) that the power of court to order the rectification of a register of members of a company, under section 111 of Cyprus Companies Laws CAP 113.
2 May 2019
Waiver Of Right To Arbitrate By Resorting To Litigation
Waiver is constituted by the deliberate intentional and unequivocal release or abandonment of the right that is later sought to be enforced (see ZHANG –V- SHANGHAI WOOL & JUTE TEXTILE CO LTD (2006) VSCA 133).
14 Aug 2018
The Term "Protective Measures" Contained In Section 9 Of The International Commercial Arbitration Law (L. 101/87), Does Not Give Jurisdiction To Cypriot Courts To Issue Anti-Suit Injunctions In Aid Of International Arbitral Cases
In a recent decision, the Supreme Court of Cyprus issued a prerogative order of Certiorari and quashed and cancelled a draconian anti-suit injunction issued by a district court...
14 Aug 2018
Enforcement Of Foreign Judgment
The enforcement of foreign judgments in Cyprus can be effected, either under statute (i.e. provided there is a bilateral arrangement between the Republic of Cyprus and the country of issue of...
7 Jun 2018
The Cypriot Admiralty Court Does Not Have Jurisdiction To Issue A Warrant Of Arrest Of A Ship In Aid And/Or In Support Of An International Commercial Arbitral Case
Law 101/87 on the International Commercial Arbitration Law provides inter alia for the jurisdiction of Cypriot Courts to issue interim relief or interim measures of protection in aid and/or in support of international commercial arbitration cases, ...
21 Dec 2017
A Decision Of English Court Recognizing An Arbitral Award, Cannot Be Recognised And Enforced In Cyprus
The only method of enforcement and recognition of the foreign arbitral award in Cyprus, is through the mechanism of New York Convention or by an action on the basis of the foreign arbitral award.
21 Dec 2017
Cyprus: The Duty Of Disclosure At An Ex Parte Hearing Extends Also To Without Prejudice Correspondence
In a recent decision of the Cypriot Court of Appeal in COMMERZBANK –V- ADEONA, it has been inter alia held that the duty of disclosure of an applicant to an ex parte application...
6 Dec 2016
Arbitration – Anti-Suit Injunction Issued By Arbitrators
The ECJ in the Gazprom Case held that antisuit injunctions issued by arbitral tribunals in relation to the pursuit of Court proceedings within the EU are not incompatible with the Brussels Regulation.
European Union
16 Sep 2016
Jurisdiction Of Cyprus Courts To Recognise And Enforce Foreign Judgments And Foreign Arbitral Awards In Cyprus
In a recent decision of the District Court of Nicosia, it has been held that Cyprus Courts have jurisdiction to adjudicate on applications for enforcement of foreign judgments and foreign arbitral Awards...
19 Apr 2016
English Court Guidance On Anti- Suit Injunctions
In a recent decision of the English Commercial Court in ESSAR SHIPPING LTD –v- BANK OF CHINA LTD (2015) it has been held that an applicant to an anti-suit injunction shall act promptly and not sleep on his rights.
8 Apr 2016
English Court Guidance On The Liability Of An Agent – Towards His Principal For Benefits And Assets Acquired During Agency
In a recent decision of the English Supreme Court inFHR EUROPEAN VENTURES LLP –V- CEDAR CAPITAL HOLDINGS LLC (2015) it has been held that, where an agent acquires a benefit...
15 Mar 2016
Enforcement Of Foreign Arbitral Awards Under New York Convention
A decision relied upon to set up res judicata, must involve an adjudication on the merits, in contradiction to an adjudication, resting on the absence of requisite formalities.
9 Feb 2016
Warrant Of Search Issued Against A Lawyer Cancelled Due To Violation Of Legal Professional Privilege
In the recent case RE: ANTONAKIS ANDREOU & CO LLC, a Supreme Court Judge, in Certiorari proceedings, cancelled a warrant issued against a lawyer and his law firm...
3 Feb 2016
Recent Amendments To Cyprus Tax Regime
On the 9th July 2015, Cyprus Parliament passed number of new laws, which purport to make Cyprus a more attractive investment destination.
27 Jul 2015
Scheme For Naturalisation Of Investors In Cyprus
The Council of Ministers of the Republic of Cyprus, on 19 March, 2014, revised the criteria for providing Cypriot citizenship to high-net worth individuals.
10 Apr 2015
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