CYPRUS: ENFORCEMENT AND REGISTRATION OF AN UKRAINIAN JUDGMENT AND THE POSSIBILITY OF OBTAINING INTERIM RELIEF IN AID OF EXECUTION
INTRODUCTION
The registration and enforcement of an Ukrainian judgment, in the Republic of Cyprus, is regulated by the provisions of the Bilateral Agreement, between Cyprus and Ukraine (Law 8 (III)/2005 (“the Treaty”).
SCOPE OF THE TREATY AS TO REGOGNITION AND ENFORCEMENT:
Article 20 of the Treaty provides that each contracting party, shall recognize and enforce in its territory, the following decisions, given in the territory of the other contracting party:
a) Court decisions in civil matters, including family matters ;
b) Court decisions in criminal matters, concerning damages ;
c) Amicable settlements, approved by Court in civil matters
CONDITIONS OF RECOGNITION AND ENFORCEMENT
Article 21 of the Treaty, provides that a decision referred to in Article 20 of the Treaty, shall be recognized and enforced, provided that:
a) It is final and if it is enforceable by means of execution, under the law of the Contracting Party in the territory of which it was given;
b) In the case of a decision given in the absence of the defendant, he was duly notified on the institution of proceedings and the place, date and time of the hearing in accordance with the law of the Contracting Party in the territory of which the decision was given;
c) No decision, which became final, was earlier given on the same subject matter between the same parties by a court of the requested Contracting Party;
d) Proceedings between the same parties on the same subject-matter were not instituted before a court of the requested Contracting party before the proceedings in which the decision in question was given;
e) The recognition or enforcement of the decision would not be contrary to the public order of the requested Contracting Party;
f) The decision or its effects would not be contrary to the fundamental principles and any law of the requested Contracting Party;
g) The decision is not given by a court without jurisdiction according to the provisions of Article 17.
APPLICATION FOR RECOGNITION AND ENFORCEMENT
Article 22 of the Treaty provides as follows:
1. The application for the recognition and enforcement of a decision, may be submitted by a party directly to the Court, of the requested Contracting Party, or to the Court of the Contracting Party, which issued the decision, and the said Court shall transmit the application, in the manner prescribed in Article 2 (3) of the Treaty (i.e. through the Ministry of Justice).
2. The application for recognition and enforcement shall be accompanied by:
a) A Certified Copy of the decision, including a document, stating that is final and if the request concerns enforceability, that it is enforceable, unless it is indicated in the decision itself.
b) Confirmation that the party failed to appear, and take part in the proceedings, and against whom, the decision was given, was duly notified about the commencement of the legal proceedings, the place, the date and time of the hearing according to the law of the Contracting Party, in the territory of which the decision was issued.
3. The application and documents referred to in paragraph 2 above, shall also be accompanied by a certified translation into the language of the requested Contracting Party, or in English.
PROCEDURE
Article 23 provides:
1. That the Contracting Parties shall apply their respective national laws as to the procedure for recognition and enforcement of decision.
2. The Court which examing an application for recognition and enforcement, shall confine itself to establishing the conditions stipulated in Article 21.
3. The Court shall decide without undue delay, any application for recognition and enforcement of decision.
POSSIBILITY OF OBTAINING INTERIM RELIEF IN THE CONTEXT OF APPLICATION FOR REGISTRATION AND ENFORCEMENT:
An applicant, seeking the registration and enforcement in the Republic of Cyprus of an Ukrainian judgment, under the Treaty -( provided the applicant files his application for recognition and enforcement, directly before Cyprus courts)- is entitled to apply for the issue of the following inter alia interim relief:
a) Freezing orders, blocking assets held by the judgment debtor;
b) Chambra injunctions, blocking assets beneficially owned by judgment debtor, but held into the name of third parties;
c) Discovery or Norwich Pharmakal orders, ordering third parties (Banks, Service providers etc) to disclose information and documents in order to assist the Claimant, to prove and plead his case, to trace assets, to identify other wrongdoers etc;
d) Gagging orders, blocking a third party (i.e. Bank, Service provider) not to alert the defendant, about the commencement of the legal proceedings by the Claimant;
e) Appointment of an interim receiver to assist in the preservation of the assets blocked by an injunction; and
f) Appointment of a receiver by way of equitable execution, in order to assist in the execution of the judgment, against the assets, which are beneficially owned by the judgment debtor.
For further information on this topic please contact
Mr. Soteris Pittas( spittas@pittaslegal.com ) at SOTERIS PITTAS & CO LLC,
by telephone (+357 25 028460) or by fax (+357 25 028461)
The content of this article is intended to provide a general guide to the subject matter. Specialist advise should be sought about your specific circumstances.
