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Searching Content indexed under Litigation, Mediation & Arbitration by Soteris Pittas ordered by Published Date Descending.
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1
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,
Cyprus
2 Oct 2019
2
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
Cyprus
10 Sep 2019
3
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
Cyprus
31 Jul 2019
4
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...
Cyprus
24 Jul 2019
5
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
Cyprus
17 Jun 2019
6
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).
Cyprus
14 Aug 2018
7
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...
Cyprus
14 Aug 2018
8
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...
Cyprus
7 Jun 2018
9
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, ...
Cyprus
21 Dec 2017
10
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.
Cyprus
21 Dec 2017
11
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...
Cyprus
6 Dec 2016
12
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
13
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...
Cyprus
19 Apr 2016
14
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.
Cyprus
8 Apr 2016
15
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...
Cyprus
15 Mar 2016
16
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.
Cyprus
9 Feb 2016
17
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...
Cyprus
3 Feb 2016
18
Anti-Suit Injunctions Granted By Cyprus Courts Following West Tankers
The traditional approach of English courts had been to protect the sanctity of agreements between parties in the event a dispute by safeguarding arbitration agreements.
Cyprus
19 Dec 2014
19
Judicial System And Court Procedure
There are two tiers of courts in Cyprus, i.e., the Supreme Court and the subordinate courts.
Cyprus
16 Oct 2014
20
Service Of Writ Of Summons To Defendant Foreign Companies, Which Have Cypriot Resident Directors Shall Be Done After Obtaining Leave To Serve Outside The Jurisdiction
It has been held that the service of a writ of summons to defendant foreign companies whose directors are Cyprus residents, shall be done after obtaining special leave.
Cyprus
17 Sep 2014
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