CYPRUS: District Court of Limassol dismisses originating application for cross examination of an affiant with regards to enforcement and registration of an arbitral award

 

CYPRUS: District Court of Limassol dismisses originating application for cross examination of an affiant with regards to enforcement and registration of an arbitral award

 

Τhe District Court of Limassol dismissed the originating application filed by the Applicants, the Cooperative Bank of Limassol whereby it sought a court order to cross examine the affiant who had sworn the affidavit supporting the registration and enforcement of a domestic arbitral award in Cyprus.

 

The grounds upon which the Applicant wanted to cross examine the affiant included amongst others (i) the circumstances surrounding the handling of the arbitration proceedings which had been held; (ii) the circumstances as to the notification of the arbitration proceedings to the Applicant; (iii) the circumstances surrounding the referring of the claim to the arbitration proceedings etc. A relevant opposition was had also been filed by the Respondent.

 

In brief the District Court of Limassol came to the following decision:

 

(i) The matter of cross examination is governed by Order 39 Rule 1 of the Civil Procedure Rules, it lies within the discretion of the Court and is issued very rarely as appears from the case law and only in extraordinary circumstances. The matters for which the Applicant requested the cross examination of the affiant fall outside the scope of the present proceedings as is clear from the case law the matters which are to be examined during any procedure for the registration of an arbitral award.

 

The Court relied on the case of Andreas Hadjigeorgiou Nicolaou v Cooperative Bank of Aglanjia (2012) 1ΑΑ 707) whereby it was stated that during the proceedings for registration and enforcement of an arbitral award, the Court shall not examine neither the correctness of the arbitral award nor the substance of the dispute. Furthermore every application for registration and enforcement of an arbitral award should be served to the person against whom it is to be enforced in order for same to have the opportunity to promote any issue relevant with the registration of the arbitral award and nothing more than that. This is also the reason why such applications are filed by summons.

 

For the reasons above, the Court dismissed the said application.

 

 

For further information on this topic please contact

Mrs. 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 2017

Wednesday, 27 December 2017 11:05

  THE EU LIST of non-cooperative tax jurisdictions   During their meeting in Brussels on the 5th December 2017, the Finance Ministers of EU Member States agreed the first ever EU list of...

Tuesday, 12 December 2017 08:50

  CYPRUS: VAT LAW AMENDMENT   On the 3rd of November 2017 the Cypriot Parliament amended the VAT Law which relates to the building land taxation in order for same to comply with the provisions of...

Tuesday, 05 December 2017 08:56

  CYPRUS: 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.   Law 101/87 on the...

Thursday, 23 November 2017 12:53

  Cyprus: Tax residency amendment   The Parliament of Cyprus has approved on the 14th of July 2017 a bill which grants tax residence status to persons who have spent at least 60 days in Cyprus...

Friday, 17 November 2017 08:56

  LAW, AMENDING THE RIGHTS OF PERSONS ARRESTED AND DETAINED ACT OF 2005 AND 2014 22(I)/2017   The above law is amended pursuant to Directive 2013/48/EU on the right of access to a lawyer in...

Tuesday, 31 October 2017 09:27

  CYPRUS: District Court of Limassol dismisses originating application for cross examination of an affiant with regards to enforcement and registration of an arbitral award   Τhe District Court...

Friday, 20 October 2017 10:09

  CYPRUS: Does the principle of res judicata apply to arbitral awards?   In the case of Cruz City 1 Mauritius Holdings v Arsanovia Limited, the Applicants filed an application for the...

Wednesday, 11 October 2017 10:48

  CYPRUS: Personal criminal liability when issuing a cheque on behalf of the company   A bouncing cheque (see Art. 305A Criminal Code - Chapter 154) is an offence of strict liability for its...

Thursday, 05 October 2017 12:00

  CYPRUS: A decision of English Court recognizing an arbitral award, cannot be recognised and enforced in Cyprus   It has been held by the Cypriot Supreme Court that an arbitration award obtained...

Tuesday, 26 September 2017 10:13

  Cyprus: The Amendments to the Companies Law Cap 113   The House of Representatives has approved the amendment to the Companies Law Cap 113 by passing the Law 51(Ι) of 2017, which transposes the...

Wednesday, 20 September 2017 09:16

  CYPRUS: Recent development shows a willingness of Cypriot Courts to issue orders permitting the use of different methods of substitute service   Recently the Cyprus Courts have permitted for...

Thursday, 07 September 2017 12:25

  CYPRUS - Amendments to the Advocates (Amendment) Law of 2017, Law 92(I)/2017   Significant amendments have been made to the Advocates Law which is the law that regulates the legal profession in...

Monday, 28 August 2017 11:30

  Cyprus: The implementation of the EU posted workers directive   The Republic of Cyprus has implemented the EU Directive 2014 on the posting of workers whereby employers (for example EU...

Thursday, 03 August 2017 11:15

  CYPRUS: The automatic increase in child support is not unconstitutional   It had been recently held by the Supreme Court that automatic increases in child support is not unconstitutional by...

Tuesday, 25 July 2017 12:26

  Cyprus: Risks for advancing money by way of a loan and the protection offered by the Quistclose trust   The rule in relation to money advanced by way of a loan, is that generally they become...

Wednesday, 19 July 2017 11:21

  CYPRUS - TAX UPDATE – TAX RESIDENCY RULES TO BE AMENDED   On 14th July 2017, the Parliament of Cyprus unanimously approved the bill that gives the right to an individual to be considered as tax...

Thursday, 13 July 2017 14:49

  CYPRUS: General Guidance on aspects of breach of contract issues before pursuing litigation     Before pursuing to litigation, issues that may be raised from an early stage and which relate to...

Wednesday, 05 July 2017 15:01

CYPRUS: Guidance from the Supreme Court on the responsibility of directors of companies as to the issue of unpaid cheques   In the particular case the First Instance Court ruled that the...

Wednesday, 21 June 2017 10:33

CYPRUS: Guidance on the issue of independency of expert witnesses   The well-known aspect of independence and objectivity in expert witness has once again been confirmed in the recent case of EXP...

Friday, 16 June 2017 09:23

CYPRUS: The Arbitration Court in Stockholm rejects the appeal against the Cyprus’ 2013 recapitalization     The basis of the initiation of the arbitration proceedings had been made by two...

Wednesday, 07 June 2017 09:00

The amended law on Specific Performance relating to Property Sales   Recently, the law of Specific Performance relating to Property Sales of 2017 has entered into force and has amended article 12...

Monday, 15 May 2017 14:47

Cyprus- Dispute Resolution – Commercial Court Minister of Justice, Mr. Ionas Nicolaou and Members of Supreme Court had decided for the Commercial Court to be set up and become operational from the...

Tuesday, 25 April 2017 10:30

Cyprus – Tax –Notional Interest Deduction (the “NID”) and Circular 2016/10   The NID rules have been introduced into our legal system in 2015 and provided that the corporate entities, including...

Thursday, 09 February 2017 08:39

Cyprus – Tax-Immovable Property Tax Law   On 14 July 2016, the House of Representatives approved changes to the Immovable Property Tax Law (the “Law”). The amendments, which were published in the...

Tuesday, 24 January 2017 15:18

Cyprus – Commercial Law - Promissory Notes   A promissory note is an unconditional promise made in writing by one person to another signed by the maker, engaging to pay on...

Monday, 16 January 2017 12:16

Cyprus: Issuance of electronic disclosure by the Cypriot Courts   The issuance of a Norwich Pharmacal Order for the disclosure of documents and information, is an important tool in...

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