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
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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, ...
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Law 101/87 on the International Commercial Arbitration Law
("the 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, either before the filing of same, or during such
arbitral proceedings.
The Supreme Court of Cyprus (in its admiralty jurisdiction),
held in the case THE SHIP ATHENS, that the Admiralty Court does not
have in rem jurisdiction to issue a warrant of arrest of a ship in
aid and/or in support of an international commercial arbitral case,
because the purpose of the in the rem jurisdiction is to provide
security in respect of the action in rem, and not to provide
security in some other proceedings.
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