ARTICLE
14 August 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

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Soteris Pittas & Co LLC

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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 Litigation, Mediation & Arbitration

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, in aid of pending LCIA arbitral proceedings.

The Supreme Court interpreted Section 9 of the Law 101/87 (which has adopted the Uncitral Model Law in Cyprus) and ruled that the term "protective measures", appearing in Section 9, does not include or cover anti-suit injunctions and consequently Cypriot Courts do not have jurisdiction, on the basis of Section 9 of the Law 101/87, to grant anti-suit injunctions.

Our law firm acted for the successful applicant to the Certiorari proceedings.

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