CYPRUS Law and Practice Contributed by: Kyriacos Scordis, Alexandros Gavrielides, Chara Pieri and Demetris Yiannakou, Scordis, Papapetrou & Co LLC
of a decision of the directors or the shareholders of a Cypriot company), special jurisdiction (eg, if the claim concerns a civil wrong committed in Cyprus or a con- tractual obligation performed or due to be performed in Cyprus) and prorogation of jurisdiction (eg, if the parties agreed that their dispute would be subject to the jurisdiction of the Cypriot courts). In summary, the national rules concerning jurisdiction permit a Cypriot court to assume jurisdiction over a claim directed against a defendant not domiciled in Cyprus or having other “foreign elements” if the writ of summons is served on the defendant in Cyprus, if the defendant submits to the jurisdiction of the Cypriot court or (in respect of claims directed against defend- ants not domiciled in Cyprus) if the conditions set out in the Civil Procedure Rules for the granting of per- mission to serve the claim out of the jurisdiction are satisfied (generally these require a connection with Cyprus). Under the national rules, the court has a dis- cretion to stay a claim over which it has jurisdiction if it is satisfied that the courts of another state are “clearly and distinctly” a more appropriate forum for the trial of the action. If the Cypriot courts have jurisdiction over a claim, the question of which specific District Court has jurisdiction is determined with reference to the provisions of the Courts of Justice Law of 1960 regarding territorial jurisdiction. 3.4 Initial Complaint Under the CPR, claims are generally commenced by means of a “Part 7 Claim Form”. By way of exception, a “Part 8 Claim Form” may be used in cases where the facts are not expected to be disputed and/or where the proceedings are required by law to be commenced by originating summons, petition or some other form of originating document. A claim form can be amended at any time before it is served on the defendant(s). If the claim form is served on the defendant(s), then it can be amended only with the consent of the parties or with the leave of the Court. 3.5 Rules of Service Under the CPR, a claim form must be served on every defendant, subject to the court’s power to dispense with service in exceptional circumstances. The gen-
eral rule is that the claim form may be served within the jurisdiction by such method as the parties may have agreed in writing. If there is no written agree- ment between the parties, service of the claim form is effected by licensed private process servers instruct- ed by the claimant(s). In case of a natural person, ser- vice of the claim form should normally be personal or on any person over 16 years old who is a member of the family and was in the town at the time of service or is responsible at the defendant’s place of work. In case of a legal person and in the absence of any other specific legislative provision, service of the claim form should be effected on one of the company’s officers, at the registered office or at the place of business, on a person authorised to accept such service. As regards service of a claim form outside the jurisdic- tion, the leave of the Court to serve out of the jurisdic- tion is not required in cases where the Recast Brussels I Regulation or the Service Regulation (Regulation EU No 2020/1784) are applicable. In all other cases, per- mission from the Court to serve outside the jurisdic- tion is required. The Court may grant such leave if one of the conditions set out in the CPR for the granting of permission to serve the claim out of the jurisdiction is satisfied. For example, if the claim: • is brought with respect to a breach of contract committed within the jurisdiction; • is brought with respect to a civil wrong and the damage has occurred/will occur within the jurisdic- tion or arises out of an act committed/likely to be committed within the jurisdiction; • is made for interim relief, which the Cypriot court has jurisdiction to grant under the applicable law; • is made for the registration and/or enforcement of a judgment or arbitral award; • is brought in relation to a trust governed by Cypriot law; or • relates wholly or mainly to immovable property situated in Cyprus. If the court considers that service via one of the regu- lar methods described above cannot be effected in a timely manner, it may grant any order permitting substituted service as it may deem just and proper, including service through fax or email or publica- tions in any electronic means. The extent to which
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