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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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 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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