Cyprus: The strict approach of the provisions laid under the New York Convention on the enforcement of foreign arbitral awards

Cyprus: The strict approach of the provisions laid under the New York Convention on the enforcement of foreign arbitral awards

 

In the recent case of Ukrainian Vodka Company Ltd v Nemiroff International Limited,the Applicant requested an order of the Court permitting the enforcement of two Arbitral Awards issued in favor of the Applicant and against Nemiroff International Limited. It was highlighted by the District Court of Nicosia amongst others that during its submission of the application, the Applicant should provide (i) a duly authenticated original or certified copy of the arbitral award; and (ii) a duly certified original or certified copy of the arbitration agreement. Furthermore pursuant to the New York Convention, if the Arbitral Award is drafted in a language which is not the official language of the country where the award will be enforced, the documents must be translated into the official language of that country and certified by an official, sworn translator or a diplomatic or consular agent.

 

In this particular case, the application for the enforcement of the two Arbitral Awards was challenged on the grounds that whilst the relevant documents included the signature of the Director of the Press and Information Office of the Republic of Cyprus, they had not been certified by an official, sworn translator as required by law. This position was accepted by the District Court of Nicosia which stated that because the translator was not an official, sworn translator, diplomatic or consular agent, the Director's signature was relevant only to the fact that the translation had been carried out by that individual but it did not extend to verifying the accuracy of the content of the translation.

 

In light of the above, the court rejected the application for enforcing the two Arbitral Awards. This case is an example of a strict approach applied to the provisions of the New York Convention which need to be fulfilled in order for the application for enforcing an Arbitral Award to be satisfied. 

 

 

 

For further information on this topic please contact

Ms. Nada Starovlah (nstarovlah@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.

PUBLICATIONS 2016

Cyprus: Guidance on the impact of no signature on ...
27 Dec 2016 13:22

Cyprus: Guidance on the impact of no signature on binding written agreements   In th [ ... ]

read more
Cyprus: The new EU Electronic Signature Regulation...
07 Dec 2016 11:27

Cyprus: The new EU Electronic Signature Regulation 910/2014/EU   The EU has adopted  [ ... ]

read more
CYPRUS: THE DUTY OF DISCLOSURE AT AN EX PARTE HEA...
01 Dec 2016 08:05

CYPRUS:  THE DUTY OF DISCLOSURE AT AN EX PARTE HEARING EXTENDS ALSO TO WITHOUT PREJUDICE COR [ ... ]

read more
CYPRUS: THE DUTY TO DISCLOSE AT EX PARTE HEARINGS ...
21 Nov 2016 10:00

CYPRUS: THE DUTY TO DISCLOSE AT EX PARTE HEARINGS EXTENDS ALSO TO RELEVANT LAW AND APPLICABLE LEG [ ... ]

read more
Convention between the Republic of Cyprus and Latv...
03 Nov 2016 08:08

Convention between the Republic of Cyprus and Latvia   A Convention, for the avoidan [ ... ]

read more
Cyprus: Recognition and enforcement of judgments u...
26 Oct 2016 07:15

Cyprus: Recognition and enforcement of judgments under the EU Regulation 1215/2012    [ ... ]

read more
Cyprus: Worldwide freezing orders
19 Oct 2016 06:28

Cyprus: Worldwide freezing orders   In the English case of Derby& Co v Weldon (N [ ... ]

read more
Cyprus: European Court of Justice importance in ru...
14 Oct 2016 08:11

Cyprus: European Court of Justice importance in ruling on the Cyprus haircut case    [ ... ]

read more
Cyprus: Changes to the Civil Procedure Rules by th...
12 Oct 2016 08:44

Cyprus: Changes to the Civil Procedure Rules by the Supreme Court of Cyprus   In an  [ ... ]

read more
Cyprus: Implementation of the EU Regulation No. 65...
28 Sep 2016 07:29

Cyprus: Implementation of the EU Regulation No. 655/2014   The EU Regulation No. 655 [ ... ]

read more
CYPRUS: ARBITRATION – ANTI-SUIT INJUNCTION ISSUED ...
14 Sep 2016 09:22

CYPRUS: ARBITRATION – ANTI-SUIT INJUNCTION ISSUED BY ARBITRATORS   &nbs [ ... ]

read more
Cyprus:Announcement by the Department of Registrar...
29 Aug 2016 07:15

Cyprus:Announcement by the Department of Registrar of Companies and Official Receiver in relation [ ... ]

read more
Cyprus: Clarification on Cross border Insolvency w...
28 Jul 2016 09:41

Cyprus: Clarification on Cross border Insolvency which may be applied by the Cypriot Courts & [ ... ]

read more
Convention for the Avoidance of Double Taxation an...
04 Jul 2016 07:15

Cyprus – Tax- Announcement of the Ministry of Finance of the Republic of Cyprus Convent [ ... ]

read more
CYPRUS: The Grand Chamber of the European Court of...
29 Jun 2016 06:00

CYPRUS: The Grand Chamber of the European Court of Justice to decide on the haircut of Cyprus  [ ... ]

read more
Enforcement of Judgments under the New Recast Regu...
14 Jun 2016 05:55

Enforcement of Judgments under the New Recast Regulation 1215/2012 and the issuance of protective [ ... ]

read more
CIRCULAR OF THE UNIT FOR COMBATING MONEY LAUNDERIN...
07 Jun 2016 07:56

CIRCULAR OF THE UNIT FOR COMBATING MONEY LAUNDERING PURSUANT TO THE ARTICLE 55(1)(D) OF THE PREVE [ ... ]

read more
CYPRUS: JURISDICTION OF CYPRUS COURTS TO RECOGNISE...
14 Apr 2016 05:58

CYPRUS: JURISDICTION OF CYPRUS COURTS TO RECOGNISE AND ENFORCE FOREIGN JUDGMENTS AND FOREIGN ARBI [ ... ]

read more
AGREEMENT BETWEEN THE REPUBLIC OF CYPRUS AND THE F...
07 Apr 2016 10:06

AGREEMENT BETWEEN THE REPUBLIC OF CYPRUS AND THE FEDERAL DEMOCRATIC REPUBLIC OF ETHIOPIA –o [ ... ]

read more
CYPRUS : English Court Guidance on Anti- suit Inju...
31 Mar 2016 06:23

CYPRUS : English Court Guidance on Anti- suit Injunctions ___________________________________ [ ... ]

read more
Cyprus: Implementation of the Common Reporting Sta...
24 Mar 2016 06:57

Cyprus: Implementation of the Common Reporting Standard by the Republic of Cyprus    [ ... ]

read more
CYPRUS: English Court guidance on the wording of a...
17 Mar 2016 11:12

CYPRUS: English Court guidance on the wording of a Freezing Order   Recently the Sup [ ... ]

read more
CYPRUS : English Court Guidance on the liability o...
09 Mar 2016 14:34

CYPRUS : English Court Guidance on the liability of an agent – towards his principal for be [ ... ]

read more
CYPRUS: LEGAL PROFESSIONAL PRIVILEGE
02 Mar 2016 08:13

CYPRUS: LEGAL PROFESSIONAL PRIVILEGE   In a recent case, the Supreme Court of Cyprus [ ... ]

read more
Cyprus: The strict approach of the provisions laid...
22 Feb 2016 07:47

Cyprus: The strict approach of the provisions laid under the New York Convention on the enforceme [ ... ]

read more
CYPRUS: LAW APPLICABLE TO CONTRACTUAL OBLIGATIONS ...
18 Feb 2016 08:54

CYPRUS: LAW APPLICABLE TO CONTRACTUAL OBLIGATIONS – ROME I REGULATION   Since  [ ... ]

read more
CYPRUS: An update of the European Criminal Records...
11 Feb 2016 11:13

CYPRUS: An update of the European Criminal Records Information System   An efficient [ ... ]

read more
CYPRUS: Enforcement of Foreign Arbitral awards und...
04 Feb 2016 06:57

CYPRUS: Enforcement of Foreign Arbitral awards under New York Convention ____________________ [ ... ]

read more
More Publications 2016

Subscribe to our Publications

Image
We are dedicated to providing our clients with outstanding, highly personalized, legal representation.
Chrysanthou Mylona 10 
3030 - Limassol, Cyprus
© Soteris Pittas & Co LLC. All Rights Reserved.
Image