CYPRUS Law and Practice Contributed by: Kyriacos Scordis and Sofi Mylona, SCORDIS PAPAPETROU & Co LLC
direct consequent of the misdeclaration – eg, for dam - age to the vessel. 4.5 Time Bar for Filing Claims for Damaged or Lost Cargo When the contract of carriage is governed by the Hague Rules, either by statute or by an agreement, the time limit for commencing proceedings is one year from the date of delivery of the goods or the date when the goods should have been delivered. Other - wise, the Limitation of Actionable Rights Law No 66 (I)/2012 (the “Limitation Law”) shall be followed, which is the general law prescribing time bars for all legal actions to be instigated in the Cyprus courts, including admiralty actions. Pursuant to the Limitation Law, the time bar period depends on the nature of the claim, as follows: • in a claim of breach of contract – six years from the date on which the cause of action accrued; • for civil wrongs (with certain exceptions includ - ing negligence and breach of statutory duty) – six years from the day of completion of the basis of the claim; and • in a claim in negligence – three years from the time the plaintiff sustained damage or where the negli - gence caused fresh damage continuing from day to day, from the time the damages ceased to occur. The period of limitation can be suspended in the fol - lowing circumstances: • where the claimant was prevented from commenc - ing proceedings due to a moratorium or force majeure in the last six months of the applicable period of limitation; and • where the defendant or any other person for whom the defendant is responsible prevented the claim - ant from instigating proceedings in the last six months of the applicable period of limitation. The period of limitation can be reset in the following circumstances: • where the obligor recognises in writing a right to an action against them;
• in the event of a monetary debt, if the obligor pays at least 50% of the aggregate owed sum, including any accrued interest; • with the commencement of arbitration proceed - ings; and • where the court orders that the arbitration award be annulled or ceases to have effect. As soon as the limitation period expires, the court no longer has jurisdiction unless a party with a legitimate interest submits an application, in which case the court may extend the prescribed limitation period for up to two years on an equitable and reasonable basis. 5. Maritime Liens and Ship Arrests 5.1 Ship Arrests Cyprus is not itself a party to the International Conven - tion Relating to the Arrest of Sea-Going Ships, 1952. However, the English Administration of Justice Act of 1956 ratifies this Convention, and applies to Cyprus by virtue of its Constitution and Articles 19 and 29 of the Courts of Justice Law of 1960 (Law No 14/60). 5.2 Maritime Liens Cyprus law recognises the following maritime liens that give rise to an action in rem against, and a right to arrest, a vessel: • lien for damage, which is a lien for the amount of a claim arising only in tort against a vessel as a result of her negligent navigation or operation (such as a collision); • lien for salvage; • bottomry; • lien of the Master, officers and crew for wages and other emoluments; and • reimbursement to the Master of disbursements made by said Master out of their own pocket on behalf of the owners. The Supreme Court has jurisdiction to hear and determine all the claims of Section 1 (1) of the Eng - lish Administration of Justice Act 1956, which are all described as “maritime claims” and for which arrest of a vessel can be requested (see 1.1 Domestic Laws
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