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Searching Content indexed under Litigation, Mediation & Arbitration by Soteris Pittas & Co LLC ordered by Published Date Descending.
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1
Stay Of Winding Up Proceedings Against A Cypriot Company Due To Arbitration Agreement
In a recent decision, in the case ERIN -V- RAYHILL, the District Court of Limassol decided to stay a winding up petition, filed by a shareholder of a Cypriot limited liability Company,...
Cyprus
4 Oct 2019
2
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
3
Time Limitation In Enforcing An Arbitral Award
Arbitral awards are enforceable in Cyprus under the provisions of the Cypriot Law on International Arbitration in Commercial Matters Law No. 101/1987 and the New York Convention
Cyprus
26 Sep 2019
4
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
5
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
6
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
7
Supreme Court examines Article IV Of New York Convention Overturning First Instance Judgment
In a recent Supreme Court case, the court examined whether the first instance judge as was the allegation of the appellants, erroneously concluded that the requirements under Article IV(1)(a) were not fulfilled.
Cyprus
18 Jul 2019
8
Locus Standing Of A Foreign Liquidator Or Foreign Court Appointed Interim Receiver To File Courts Proceedings Before Cyprus Court
The Supreme Court of Cyprus in the leading case SEAMARK -V- LASALA, has inter alia held that under Cypriot law it is not prerequisite
Cyprus
8 Jul 2019
9
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
10
The Arbitral Claim In Whose Support Interim Relief Has Been Granted As Per Section 9 Of Law 101/87 By Cypriot Courts, Shall Be Filed Within Reasonable Time
In the case CFG CAPITAL PARTNERS LTD –V- VANISTELROY HOLDINGS LTD & OTHERS, the District Court of Nicosia cancelled interim injunctions issued pursuant to Section 9 of the Law 101/87 ...
Cyprus
31 May 2019
11
Enforcing Specific Performance Orders Made By Arbitral Tribunals
Generally, in international commercial arbitrations the remedy which is most commonly sought and which is usually granted, is that of damages ...
Cyprus
29 Apr 2019
12
Requirements For Obtaining A Chabra Injunction
In the case of Re Nicolaou Bros Tourist Enterprises Ltd (1999) 1 AAD 201, the Supreme Court of Cyprus, by adopting English legal principles ...
Cyprus
29 Apr 2019
13
CYPRUS: Interpretation Of Article 7(2) Of The Recast EU Brussels Regulation 1215/2012
A recent decision of the District Court of Limassol has clarified the interpretation relating to Article 7(2) of the recast EU Regulation reaffirming the general principle that civil actions...
European Union
17 Sep 2018
14
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
15
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
16
Applicability Of The New York Convention On Arbitral Awards Issued In Cyprus
In the recent case IGUASU ENTERPRISES LTD & ANOTHER –V- VOICE INTERNATIONAL LTD & ANOTHER, the District Court of Nicosia ...
Cyprus
3 Jul 2018
17
Interpretation Of Article 7(2) Of The Recast EU Brussels Regulation 1215/2012
A recent decision of the District Court of Limassol has clarified the interpretation relating to Article 7(2) of the recast EU Regulation reaffirming the general principle that civil actions are to be brought...
Cyprus
7 Jun 2018
18
Aspects To Medical Negligence In Cyprus
Claims against the hospitals and doctors for medical negligence have risen dramatically following a succession of scandals which have arisen during the past few years affecting the health/endangerment...
Cyprus
7 Jun 2018
19
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
20
Supreme Court Dismisses First Instance Judgment Based On The Interpretation Of Order 30 Of The Civil Procedure Rules
The Supreme Court of Cyprus recently overturned a First Instance Judgment which had dismissed an Action of the plaintiff who had filed, outside the time limit, the Summons for Directions...
Cyprus
7 Jun 2018
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