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Searching Content indexed under Corporate/Commercial Law by Soteris Pittas ordered by Published Date Descending.
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1
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.
Cyprus
2 May 2019
2
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
3
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
4
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
5
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
6
The Issue Whether A Person, Is Signatory To An Arbitration Agreement, Shall Be Decided By The Arbitrators, And Not A State Court. Only In Clear Cases, Such An Issue Shall Be Decided By National Courts.
A Cypriot 1st Instance Court decided that the issue whether a person is signatory to an arbitration agreement shall be made by the arbitrators, and not a state Court.
Cyprus
28 Jul 2014
7
Commercial Fraud
Commercial fraud is not a cause of action in itself.
Cyprus
17 Mar 2014
8
Do You Have A "Change Of Control" In Your Shareholders Agreement?
In a recent English case, the Court decided that restrictions on shareholders' right to deal with a share shall be clearly stated in pre-emption articles.
Cyprus
12 Mar 2014
9
Corporate Taxation - Important Practical Quidelines In Ascertaining The Place Of Effective Management Or Place Of Management And Control Of A Cyprus Company
The Courts approach, where doubts arise about a particular company’s residence status, is to ask the following questions.
Cyprus
12 Mar 2014
10
Do Cyprus Courts Have Jurisdiction To Issue The So Called "Free Standing Injunctions" In Aid Of Foreign Court Proceedings Pending Outside EU?
Cyprus Courts have jurisdiction to issue free standing injunctions in aid and in support of Court proceedings, pending before Courts of Member States of EU.
Cyprus
12 Mar 2014
11
Do You Have A "Change Of Control" In Your Shareholders Agreement?
In the recent English case McKillen –v- Misland (Cyprus) Investments Ltd (2012) the Court decided that, a principle applicable to pre-emption articles is that, a right to deal freely with a share, is an important attribute of ownership.
Cyprus
11 Mar 2014
12
Lifting The Corporate Veil
It is a fundamental principle of Cyprus Company Law that a limited liability Company has a legal personality and identity which, is separate from its shareholders, or directors, and that it is a separate legal entity, having separate rights and liabilities.
Cyprus
31 Oct 2013
13
Enforcement Of Russia Judgments In Cyprus
In all cases, where Russian Banks have claims against Russian citizens, pursuant to loan agreements, or guarantees, the Russian Banks shall arrange, before the filing of any civil action in Russia, against the said individuals to assign in writing such claims to Cypriot companies (SPV’s) in order to meet the requirements of the provisions of the Bilateral Treaty, between Cyprus and Russia, regulating the direct recognition and enforcement of Russian judgments in Cyprus.
Cyprus
25 Oct 2013
14
Establishing Jurisdiction Of Cyprus Courts
Cyprus is a Member Sate of EU and since its accession is bound by the EU Regulation 44/2001, on Jurisdiction, Recognition and Enforcement of Judgments in Civil and Commercial Matters ("Brussels I").
Cyprus
25 Oct 2013
15
Legal Principles Applicable In Ascertaining, Whether A Contract Is A Sham
The sham doctrine has been inter alia applied by courts to lift the corporate veil of a limited liability company, to declare agreements as void ab initio, to determine whether a trust is a sham etc.
Cyprus
7 Mar 2013
16
Can The Veil Of A Trust Being Pierced?
A discussion on whether the corporate veil of a trust can be pierced.
Cyprus
7 Mar 2013
17
Enforcement Of Foreign Judgments
Cyprus does not have a formal policy towards the recognition and enforcement of foreign judgments.
Cyprus
3 Jul 2012
18
Interim Relief In The Context Of Shareholders Disputes
Cyprus Courts, have jurisdiction to issue any interim order, in all cases, in which it appears to the Court, just and convenient to do so, provided that the following conditions are satisfied by the applicant/plaintiff:
Cyprus
5 Oct 2011
19
An Applicant Cannot Abuse The Machinery Of The Mareva Injunctions In Order To Trap A Respondent In A Transaction
In a recent decision of a Cyprus Court, it has been held that an applicant cannot abuse the machinery of the mareva injunction in order to trap a respondent, in the completion of a transaction, for the sale of assets by the applicant to the respondent, in exchange of consideration, whose transfer and registration was blocked previously by the Applicants.
Cyprus
5 Oct 2011
20
Do Russian Courts Have Jurisdiction To Issue Interim Relief In Support Of Cyprus Legal Proceedings?
In a revolutionary judgment issued by the Federal Arbitradz Court of Northwest District of Russian Federation in the case NA 56-9512/2009, FINESTERRE RECOVERY FUND I LTD & OTHERS confirmed that Russian Courts have jurisdiction to issue interim relief.
Russian Federation
5 Oct 2011
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