CYPRUS Law and Practice Contributed by: Menelaos Kyprianou, Constantina Zantira, Andreas Lytras and Eleana Poulladou, Michael Kyprianou & Co LLC
ment, pending the appeal.
• an award for general and/or special damages for the purpose of remedying the loss suffered by the claimant – very rarely and only in exceptional cir- cumstances the court may also award punitive or exemplary damages; • specific performance of a contractual obligation; • declaratory judgment for the recognition of the rights or obligations of the parties over a particular cause or matter; and • final injunction order of prohibitory or mandatory nature. 2.8 Damages The general rule is that a claimant is entitled to an award for damages corresponding to the losses which the claimant proves they actually suffered. It must be noted, however, that the purpose of an award for dam- ages differs in principle between contractual claims and claims in tort. The damages awarded for a breach of contract aim to put the innocent party in the position they would have been in had the contract been performed, to the extent that this can be done with money. This reflects the principle of restitution. However, if the damages cannot be assessed on this basis, the court will assess the damages on the basis of the expenditure incurred by the claimant or on the basis of the benefit obtained by the defendant. In tortious claims, the damages are assessed with the aim of putting the claimant in the position they would have been in had the wrongful act not been commit- ted. Therefore, special damages are awarded for the monetary losses actually incurred by the claimant and which the claimant must prove during the hearing. General damages may also be awarded as a remedy for suffering that cannot be specifically assessed with money (eg, for pain and suffering in cases of personal injury).
• Timeline – (a) Civil proceedings at first instance generally take three to five years to be fully completed. 2.5 Confidentiality The general rule is that court proceedings are public. This includes the public conduct of all court hearings and the public announcement of the court’s judgment. However, Rule 37 of the Civil Procedure Rules of 2023 provides that the public may be precluded from the entire or any part of the trial upon a decision of the court in the following circumstances: • in the interest of the safety of the Republic, the constitutional order or public order; • in the interest of public safety or the public morals; • where the interests of children or the protection of the private life of the parties so demand; or • in other special circumstances, where in the court’s opinion the publicity would adversely affect the interests of justice. Furthermore, the court may order that the identity of any party or witness should not be disclosed, where it is deemed that this non-disclosure is necessary for the protection of that party or witness. In addition, according to Rule 5 of the Civil Proce- dure Rules, the court records in a case remain con- fidential and are accessible only to the parties. Any person other than the parties to the case can search the court’s files only after obtaining a specific leave from the President of the District Court, who must be satisfied that there are good reasons for granting such leave. 2.6 Interim Relief Interim relief, and particularly interlocutory injunctions, are commonly sought by the litigants in the Cypriot courts, especially in the context of cross-border dis- putes. For the key types of interim relief, please see 6.1 Availability of Interim Relief . 2.7 Final Relief The key types of final relief in commercial litigation are the following:
3. Arbitration 3.1 Prevalence
Arbitration is a well-established dispute resolution mechanism in Cyprus, particularly in the context of international commercial disputes. It is most com-
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