CYPRUS: The term “protective measures” contained in Section 9 of the International Commercial Arbitration Law (L. 101/87), does not give jurisdiction to Cypriot Courts to issue anti-suit injunctions in aid of international arbitral cases.


In a recent decision, the Supreme Court of Cyprus issued a prerogative order of Certiorari and quashed and cancelled a draconian anti-suit injunction issued by a district court, in aid of pending LCIA arbitral proceedings.


The Supreme Court interpreted Section 9 of the Law 101/87 (which has adopted the Uncitral Model Law in Cyprus) and ruled that the term “protective measures”, appearing in Section 9, does not include or cover anti-suit injunctions and consequently Cypriot Courts do not have jurisdiction, on the basis of Section 9 of the Law 101/87, to grant anti-suit injunctions.


Our lawfirm acted for the successful applicant to the Certiorari proceedings.





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