Commercial Dispute Lawyers in Cyprus

Three things decide a commercial dispute

In short

What the contract says, what the documents show, and whether the other side can pay.
The forum clause is read first, because it decides procedure, timetable and cost.
Where the claim is really an unpaid invoice, the faster route is our debt recovery practice.

Kleanthous & Platis acts in disputes between businesses: supply and services agreements, distribution and agency arrangements, franchise and licensing terms, disputes between partners and joint venture participants, and claims arising out of the sale of a business, including price adjustments and warranty claims.

What we do not treat as a commercial dispute is a plain unpaid debt with no real defence. That has its own page and its own faster method: see Debt Recovery in Cyprus.

Start with a written assessment

Send us the contract and the correspondence that matters. The assessment is a fixed piece of work with a written outcome: the strength of the position, the realistic routes, and what each route costs. Email office@kleanthousplatis.com or call +357 22 680 330.

Before any letter goes out

The first assessment answers three questions

They are answered in writing, on the documents, before we recommend spending anything.

First, what does the contract actually provide? Not what the parties remember agreeing, but what the signed document says about performance, termination, notices and remedies. Commercial cases are regularly decided by a notice clause nobody read at the time.

Second, where does the dispute belong? Many commercial contracts choose their forum in advance: a Cyprus court, a foreign court, or arbitration. That clause is read first, because it decides everything about procedure, timetable and cost. If the contract points abroad, see Cross-Border Litigation in Cyprus.

Third, is the counterparty worth suing? A judgment against an empty company is a piece of paper. Where recovery is doubtful, we say so at the start, and where assets may move before judgment, interim protection is considered immediately: see Freezing Orders in Cyprus.

The most dangerous moment

Termination generates more litigation than breach

Before you terminate, suspend, or stop paying, the contract is read and the step is planned.

More commercial litigation is generated by the way a contract was ended than by the breach that preceded it. Under the Contract Law, Cap. 149, a party that refuses to perform, or terminates without the right to do so, can be treated as having repudiated the contract, and the innocent party may terminate in turn and claim damages for the loss the breach has caused. A party that terminates wrongly can convert a strong position into a liability.

The innocent party has choices of its own: accept the repudiation and end the contract, or hold the other side to it and keep every right intact for the time of performance. Which of the two serves you better is a commercial question as much as a legal one, and it deserves an answer before the letter is sent, not after.

Planning the step is a short piece of work, and it is far cheaper than the alternative.

Court or arbitration

The forum clause is respected, and enforced

We act in both, and the working method is the same.

Where the contract provides for arbitration, that choice is enforced. For international commercial arbitration, a Cyprus court must refer the parties to arbitration if asked in time, unless the agreement is null, inoperative or incapable of performance. For domestic arbitration the court has a discretion, exercised on settled conditions, and the application must be made after appearance and before taking any step in the action: participating in the proceedings waives the right.

The working method does not change with the forum: the case is built on documents, the position is stated early and in writing, and settlement is tested at the points where the other side has most to lose by continuing.

Time limits

The clock starts earlier than most clients assume

If a dispute is live, the date question is answered first.

Contract claims are generally subject to a six-year limitation period, running from when the cause of action arose, which in commercial relationships usually means the breach rather than the moment the loss crystallised.

One trap is worth its own sentence: claims for the fees of independent professionals, including contractors, architects, engineers and lawyers, are subject to a three-year period, not six. A business that invoices for professional services and lets the file age is running a shorter clock than it thinks.

Common questions

The other side broke the contract. Can I just stop performing?

Not safely. Suspending your own performance without a contractual or legal right to do so can itself amount to a breach, and in the worst case hands the other side a termination claim. The contract is read first, then the step is planned.

Our contract has an arbitration clause. Can I still sue in court?

You can file, but expect the proceedings to be halted if the other side asks in time. For international commercial arbitration the referral is mandatory unless the arbitration agreement is invalid or inoperative; for domestic arbitration the court decides on settled conditions. The clause usually wins.

How long do I have to bring a contract claim in Cyprus?

Generally six years from the breach. Fees of independent professionals are subject to a three-year period. Where the dates are close, take advice before assuming the claim is alive or dead.

What does a dispute like this cost?

The assessment is a fixed fee with a written outcome. Beyond it, nothing is spent without your decision, and fixed fees are used wherever the work is genuinely definable.

Who leads this work

Between them the partners bring more than 40 years of practice in Cyprus. Every matter is run by one of them.

Andreas Kleanthous

Partner

Litigation, personal injury and insurance claims, debt recovery, administrative law, real estate, wills and probate.

Klitos Platis

Partner

Litigation, corporate and commercial matters, property and construction, including pleadings, interim applications and trial preparation.

Written on this subject

Getting Paid for Work Done: Certificates, Retention and Claims Without an Agreed Price

Commercial

Enforcing Foreign Judgments and Arbitral Awards in Cyprus

Litigation

Directors' Duties Under Cyprus Law: What They Require in Practice

Corporate

All our writing is on the writing index. Related: Litigation & Debt Recovery, Restructuring & Insolvency and Private Client.

Before instructing, send us the invoice, contract or loan documents and a short history of the debt. Kleanthous & Platis LLC, Nicosia. Telephone +357 22 680 330, office@kleanthousplatis.com or klitos@kleanthousplatis.com.

Request a consultation

Tell us briefly how we may assist

A few sentences is enough: which property, what stage the transaction has reached, and any date that matters. We reply within one business day. Please do not send confidential documents until we confirm we can act.

Request a consultation

Or write to us directly at office@kleanthousplatis.com, or call +357 22 680 330.