In a recent multi-billion and multi-jurisdictional dispute, our law firm, in collaboration with the leading Polish law firms Clifford Chance, Janicka, Kruzewski, Stosio I Wspólnicy Wspolnicy sp.k, Rymarz Zdort Maruta, and the Liechtenstein firm Gasser Partner Rechtsanwälte, successfully obtained ex parte permissions from the Supreme Court of Cyprus to file Writs of Certiorari seeking to quash numerous ex parte injunctions issued by the Cypriot lower Courts.
These injunctions has been obtained by the opposing party in support of Civil proceedings intended to be filed before the Courts of Liechtenstein.
The Supreme Court of Cyprus granted the requested permissions and suspended the validity of the ex parte injunctions issued by the Cypriot lower Courts, pending the hearing of the Certiorari applications. The Court’s decision was based, inter alia, on the following grounds:
(a) Conflict with prior foreign court orders and violation of the doctrine of comity: The Cypriot ex parte injunctions, conflicted with existing orders and decisions issued by the Liechtenstein Court, inter alia, appointing a Curator (administrator), over the multi-billion assets of two (2) Liechtenstein Foundations to safeguard such assets pending the adjudication of ongoing civil proceedings between the same parties. The issuance of conflicting Cypriot injunctions was therefore found to breach the doctrine of judicial comity;
(b) Violation of the rules of natural justice; and
(c) Lack of urgency: The Court found that the circumstances did not justify the issuance of ex parte orders without notice to the Respondent.
This decision of the Supreme Court is particularly noteworthy because permissions to file a Writ of Certiorari are granted only in exceptional circumstances, especially where alternative remedies are available. The Court reaffirmed that it will exercise its extraordinary supervisory jurisdiction only where the Applicant proves, exceptional circumstances justifying the granting of such permission and serious irregularities or violations of judicial comity and natural justice are demonstrated, particularly in complex, cross-border disputes involving multiple jurisdictions.
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)
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