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George Z Georgiou & Associates LLC | Cyprus | 1 Dec 2016

Recognition and enforcement of London Court of International Arbitration award

Lukoil Mid-East Limited filed an application with the Nicosia District Court for the recognition and enforcement in Cyprus of a London Court of International Arbitration award. Terra Seis Cyprus Limited objected on the grounds that the substantive and procedural prerequisites for the recognition and enforcement of the arbitral award in Cyprus had not been met. The court thus considered......
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George Z Georgiou & Associates LLC | Cyprus | 2 Nov 2016

Diversity in the workplace

Employment legislation has helped to promote diversity in the workplace in Cyprus. Employees and prospective employees are now more aware of their rights regarding discrimination in the workplace, as more information regarding equality is available and employees are better equipped to demand their rights through the appropriate bodies.
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George Z Georgiou & Associates LLC | Cyprus | 24 Aug 2016

Tribunal considers procedural issues in sexual harassment claim

The Industrial Relations Tribunal recently considered substantive and procedural issues in the context of a claim for sexual harassment and victimisation. The court focused on whether the actions concerned fell within the definition of 'sexual harassment' and the damages to which the applicant was entitled. The case illustrates the principles that tribunals apply when examining sexual......
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George Z Georgiou & Associates LLC | Cyprus | 18 Aug 2016

Court examines whether arbitral award is contrary to public policy

In a recent district court case the applicants applied to register and enforce an arbitral decision issued by the Russian International Commercial Arbitration Court. The respondents argued that recognition of the award was contrary to public policy, but this was rejected by the court. Practitioners should consider how rarely the public policy defence is used and ensure that they can prove the......
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George Z Georgiou & Associates LLC | Cyprus | 16 Jun 2016

Court enforces foreign arbitration award

In a recent Nicosia District Court case the applicants applied to register and enforce a Russian International Commercial Arbitration Court arbitral award. The court examined whether the applicants had complied with the requirements of Article IV of the New York Convention. It decided that there was no ground for refusing enforcement and allowed the application for recognition and enforcement......
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George Z Georgiou & Associates LLC | Cyprus | 15 Jun 2016

Court finds fixed-term employee eligible for contract of indefinite duration

In a recent Employment Court case the applicant argued that he was eligible for a contract of indefinite duration. The court held that the applicant had worked for the respondents at the same location and with the same duties on a temporary basis under successive fixed-term employment contracts for over 30 months and was therefore eligible to be regarded as a permanent employee.
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George Z Georgiou & Associates LLC | Cyprus | 28 Apr 2016

Court examines whether res judicata principle applies to arbitral award

In a recent district court case the applicants applied to register and enforce an arbitral award issued in their favour by the London Court of International Arbitration. The respondents objected to the registration and enforcement of the award, arguing that the principle of res judicata was applicable, as the same arbitral award had not been recognised and enforced in an earlier case before......
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George Z Georgiou & Associates LLC | Cyprus | 13 Apr 2016

Ignorance of non-approved annual leave request lawful ground for immediate termination

In a Court of Industrial Disputes decision, ignorance of an employer's non-approval of an annual leave request was found to constitute infringement of the basic terms of the employment contract. The court confirmed that abusive behaviour on the part of an employee can amount to a breach of the mutual trust and confidence necessary to maintain the employment relationship and justify the......
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George Z Georgiou & Associates LLC | Cyprus | 3 Mar 2016

Arbitral awards set aside due to arbitrator misconduct

The Nicosia District Court recently set aside two arbitral awards after it found that the arbitrator had misconducted himself in the proceedings. While instances of arbitrator misconduct are limited, the obvious disregard for procedure which restricts the fair treatment of parties will always be upheld by the courts. Practitioners should therefore endeavour to assist arbitrators to ensure......
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George Z Georgiou & Associates LLC | Cyprus | 10 Feb 2016

Court rules on fixed-term employment contracts

The Labour Court recently examined the employment status of an employee after successive fixed-term contracts and whether he was considered a permanent employee or there were objective reasons to justify his temporary employment. It found that the respondents had failed to present objective circumstances to justify the applicant's fixed-term employment; he was therefore covered by a permanent......
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