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Jurisdiction

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George Z Georgiou & Associates LLC | Cyprus | 4 Jun 2020

Application and interpretation of Article IV of New York Convention

In recent years there has been a substantial number of cases in which the courts have had to determine whether applicants seeking the recognition and enforcement of an arbitral award have complied with the requirements set out in Article IV of the New York Convention, which the Supreme Court has ruled must be strictly satisfied. The principles highlighted in this article should help to shed......
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George Z Georgiou & Associates LLC | Cyprus | 27 Feb 2020

District court examines scope of arbitration agreements and arbitrability of dispute

In a recent case before the Limassol District Court, the Russian Television and Radio Broadcasting Network applied for the recognition and enforcement of two arbitral awards which had been issued by the International Commercial Arbitration Court at the Russian Chamber of Commerce and Industry. The dispute concerned the breach of two film licensing agreements by the respondent, Trevano......
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George Z Georgiou & Associates LLC | Cyprus | 12 Dec 2019

Supreme Court confirms that inadequately justified arbitral award amounts to arbitrator misconduct

In a recent Supreme Court case, the appellant appealed against a first-instance judgment in which he had sought to annul an arbitral award. The dispute related to the non-payment of a loan granted by the respondent to the appellant and a subsequent challenge of the amount owed. Arbitration had taken place in which the arbitrator had issued his decision in favour of the respondent.
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George Z Georgiou & Associates LLC | Cyprus | 5 Sep 2019

District court reaffirms narrow scope of public policy argument against recognition of arbitral awards

In a recent Limassol District Court case, the applicants applied for the recognition and enforcement of a London Court of International Arbitration award, which the respondents argued was contrary to Cypriot public policy pursuant to the New York Convention. This case serves as a useful reminder that the courts will rarely resort to public policy grounds to refuse the recognition of an......
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George Z Georgiou & Associates LLC | Cyprus | 2 Aug 2019

Supreme Court rejects administrative recourse challenging compulsory acquisition notice

The Supreme Court recently rejected a first-instance rejection of a property owner's request for the return of land that had been compulsorily acquired by the state in 1977. The applicant claimed that the land was not being used for one of the acquisition's original purposes. However, the court found that as the applicant had taken no measures against the initial acquisition, he could not......
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George Z Georgiou & Associates LLC | Cyprus | 30 May 2019

Court clarifies application of Article VI of New York Convention

In a recent Limassol District Court case, the applicants applied for the recognition and enforcement of an arbitral award issued by the Arbitration Institute of the Stockholm Chamber of Commerce. The case is one of the first examples of the judicial interpretation and application of Article VI of the New York Convention by the Cypriot courts and serves as a useful guide to the proper......
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George Z Georgiou & Associates LLC | Cyprus | 17 May 2019

Supreme Court examines appeal against decision by Land Registry director

The Supreme Court recently issued its decision on the appeal of a district court interim decision concerning an application to present oral evidence as part of an application against a decision by the director of the Land Registry. The applicants had filed their application against the director's decision to grant a right of way to the respondent to the detriment of their immovable property.
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George Z Georgiou & Associates LLC | Cyprus | 4 Apr 2019

District court rejects public policy argument against recognition of arbitral award

A recent Limassol District Court decision serves as a useful reminder that the courts will rarely resort to public policy grounds for refusing the recognition of arbitral awards unless presented with cogent evidence. In addition, the courts are prepared to demonstrate the necessary flexibility dictated by modern commercial practices in examining the imperative requirements of Article IV of......
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George Z Georgiou & Associates LLC | Cyprus | 6 Mar 2019

Supreme Court declares legislation extending paternity leave and benefits to unmarried fathers unconstitutional

In late 2018 the House of Representatives introduced amendments which granted paternity leave and benefits to unmarried working fathers. However, the government referred the amending laws to the Supreme Court, claiming that they would add unbudgeted costs to its budget and therefore violate the Constitution. The Supreme Court recently accepted the government's position and declared the......
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George Z Georgiou & Associates LLC | Cyprus | 22 Feb 2019

Rent Control Court awards damages to owner after tenant is evicted

The Limassol Rent Control Court recently dismissed an application regarding the eviction of a tenant from a leasehold. Since it was ruled that the first and second applicants had never owned the property, they were not entitled to file the eviction application. However, the court awarded damages in relation to unpaid rent to the third applicant (who became the actual owner of the property......
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