CYPRUS Trends and Developments Contributed by: Ioannis Economou, Eleftherios Economou and Michalis Zivanaris, Economou & Co LLC
Economou & Co LLC Stasikratous 20 2nd floor 1065 Nicosia Cyprus Tel: +357 2226 0064 Email: info@economoulegal.com Web: economoulegal.com
Navigating the Legal Landscape in Cyprus Legal landscape The legal and regulatory provisions governing the recognition and enforcement of foreign judgments in Cyprus are mainly a combination of various instru - ments such as bilateral treaties, domestic legislation and EU regulations. In addition, the Foreign Judgments (Reciprocal Enforcement) Law (Cap 10), modelled after the cor - responding English legislation (the Foreign Judgments (Reciprocal Enforcement) Act 1933), applies to judg - ments obtained in the courts of the UK and its domin - ions. In situations where no bilateral treaty exists between Cyprus and the country in which a foreign judgment originated, the Cypriot courts, by virtue of Section 29 (1)(c) of the Courts of Justice Law (14/60), apply common law principles to the recognition and enforcement of these foreign judgments. Bilateral and multilateral instruments Cyprus has concluded bilateral agreements with vari - ous non-EU states governing the mutual recognition and enforcement of judgments. Examples of such agreements include: • the Agreement between the Republic of Cyprus and the Syrian Arab Republic on Legal Assistance in Civil and Criminal Matters (L160/86, L13 (III)/97); • the Treaty between the Republic of Cyprus and the Union of Soviet Socialist Republics on Legal Assistance in Civil and Criminal Matters (L172/86) – this treaty is still applicable with regard to Russia, Georgia and Belarus;
• the Agreement between the Republic of Cyprus and the Arab Republic of Egypt on Judicial and Legal Assistance in Civil and Criminal Matters (L32 (III)/92, L14 (III)/96); • the Treaty between the Republic of Cyprus and the People’s Republic of China on Judicial Assistance in Civil, Commercial and Criminal Matters (L19 (III)/95); • the Agreement between the Republic of Cyprus and the Great Socialist People’s Libyan Arab Jamahiriya on Legal Assistance in Civil, Commer - cial and Criminal Matters (L32 (III)/2005); • the Agreement between the Republic of Cyprus and Ukraine on Legal Assistance in Civil Matters (L8 (III)/2005); and • the Agreement for Cooperation in the Legal Field between the Government of the Republic of Cyprus and the Government of State of Qatar (L16 (III)/2019). EU Regulation 1215/2012 The process of recognising and enforcing judgments between EU member states has been streamlined since the implementation of Regulation (EU) No 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (the “EU Regulation 1215/2012”). This regulation facilitates the recognition and enforce - ment of judgments related to civil and commercial matters across the European Union, eliminating the need for any additional declaration of enforceability exequatur). As a result, a judgment passed in one EU member state is almost automatically recognised in all other EU member states, removing significant admin -
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