Cross-Border Litigation Lawyers in Cyprus

Two kinds of cross-border work

In short

Disputes litigated in Cyprus with a foreign element.
Foreign disputes that need something done in Cyprus: enforcement, freezing, information.
We work alongside foreign counsel without duplicating them.

Cyprus sits inside the European Union’s rules on jurisdiction and judgments, and holds companies, bank accounts and property for parties all over the world. That combination produces two kinds of work: disputes litigated here with a foreign element, and foreign disputes that need something done here, most often enforcement against assets or interim protection while the main case runs elsewhere.

Most of our cross-border work arrives through or alongside lawyers in other countries. The division of labour is agreed at the start: they run their proceedings, we run everything Cypriot, and the client is not billed twice for the same thinking.

Start with a route map

Send us the judgment, the contract, or the claim, and a note of what the other side owns in Cyprus. The first piece of work is a written route map: which procedure, what it needs, how long, and what it costs. Email office@kleanthousplatis.com or call +357 22 680 330.

Jurisdiction first

Where the dispute belongs is often the outcome

A jurisdiction clause is read first and taken seriously.

Within the European Union, Regulation 1215/2012 decides which member state’s courts hear a civil or commercial dispute. The general rule is the defendant’s domicile, and where a Cyprus court has jurisdiction under the Regulation it cannot decline it in favour of a supposedly more convenient forum. Parties can choose their court in advance, and a valid choice of court is exclusive unless agreed otherwise.

Where two courts are seised of the same dispute, the first seised generally has priority, with one exception that matters in practice: a court chosen by an exclusive jurisdiction clause may proceed even if the other side filed elsewhere first. Racing to issue is therefore sometimes a strategy, and sometimes a waste of money, and the clause decides which.

Outside the Regulation, the answer depends on the contract, the defendant and where the events happened. Fighting about the forum for two years is a result in itself for the party that benefits from delay, which is why the question is answered before the claim is drafted.

Judgments that travel

Enforcing a foreign judgment in Cyprus takes one of three roads

The choice of route affects speed, cost and the defences available to the debtor.

Judgments from EU member states circulate under Regulation 1215/2012 without any declaration of enforceability: the creditor presents the judgment and the standard certificate and moves to execution, with refusal confined to narrow grounds such as public policy and lack of service.

Judgments from countries with which Cyprus has a treaty are registered under the Foreign Court Judgments (Recognition, Registration and Enforcement) Law, Law 121(I)/2000, by summons supported by affidavit, on a short statutory timetable and with limited grounds of opposition. The statute reaches enforceable interim orders as well as final judgments.

Judgments from everywhere else are enforced at common law, by action on the judgment as a debt: the judgment must be final and conclusive, for a fixed sum, from a court that had jurisdiction, and not contrary to Cyprus public policy. There is no re-trial of the merits on any of the three roads.

Arbitral awards travel more easily still. Cyprus has ratified the New York Convention, and an award, wherever made, is recognised as binding and enforced on written application, with refusal confined to the Convention grounds. The full picture is in our article on enforcing foreign judgments and arbitral awards in Cyprus.

While the case runs elsewhere

Cyprus orders in aid of foreign proceedings

By the time the foreign judgment arrives, the account that mattered is usually empty.

Foreign litigation regularly needs something from Cyprus while it is still running: assets frozen before they move, information from a Cyprus company or bank, service on a Cyprus entity. Cyprus law provides for exactly this. The courts’ statutory power to grant interim orders extends to proceedings outside the jurisdiction, and for arbitration the court has the same powers of interim protection whether the seat is in Cyprus or abroad.

In EU matters, the Regulation itself preserves the power of Cyprus courts to grant provisional and protective measures even where another member state’s courts have jurisdiction over the merits.

This is where Cyprus counsel earns its place in a foreign team, and it is time-critical work. The freezing side of it has its own page: see Freezing Orders in Cyprus.

The Cyprus end of foreign contracts

Small roles, done properly

Not every cross-border matter is a dispute.

Where a foreign contract needs a Cyprus address for service, see Cyprus Process Agent. Where a foreign law firm needs Cyprus proceedings issued, evidence obtained, or a Cyprus opinion for a foreign court, we act as local counsel with reporting in the rhythm the lead firm expects: see our page for international law firms.

Common questions

I have an EU judgment against a debtor with a Cyprus bank account. How fast can I move?

Fast. EU judgments need no declaration of enforceability in Cyprus: the judgment and the standard certificate open the way to execution. The practical timetable is set by locating the assets and the enforcement step chosen, not by a recognition procedure.

My judgment is from a non-EU country. Is it enforceable in Cyprus?

It depends on the country. If a treaty applies, the judgment is registered under Law 121(I)/2000 on a short statutory procedure. If not, it is enforced by action on the judgment at common law: final judgment, fixed sum, competent court, no conflict with public policy. Send us the judgment and we will confirm the route within one business day.

Can a Cyprus court freeze assets when the main case is abroad?

Yes. The statutory power to grant interim orders extends to proceedings outside the jurisdiction, and for arbitration the court has the same powers whatever the seat. In EU matters the Regulation preserves this power expressly.

Do you replace our lawyers in the main proceedings?

No. They run their proceedings, we run everything Cypriot, and the division of labour is agreed at the start so nothing is done twice.

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

Enforcing Foreign Judgments and Arbitral Awards in Cyprus

Litigation

Norwich Pharmacal Orders in Cyprus: Disclosure Against a Third Party

Litigation

Moving a Business to Cyprus: Subsidiary, Branch or Transfer of the Company Itself

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.