CYPRUS Law and Practice Contributed by: Kyriacos Scordis and Sofi Mylona, SCORDIS PAPAPETROU & Co LLC
Judgments issued by District Courts can be appealed to the Supreme Court. Pursuant to Section 1(1) of the English Adminis - tration of Justice Act 1956, the Supreme Court has jurisdiction to hear and determine any claim: • relating to the possession or ownership of a ship or to the ownership of any share therein; • arising between the co-owners of a ship as to the possession, employment or earnings of that ship; • in respect of a mortgage of or charge on a ship or any share therein; • for damage done by a ship; • for damage received by a ship; • for loss of life or personal injury sustained in consequence of any defect in a ship or in her apparel or equipment, or of the wrongful act, neglect or default of the owners, charterers or persons in possession or control of a ship or of the Master or crew thereof or of any other person for whose wrongful acts, neglects or defaults the owners, charterers or persons in possession or control of a ship are respon - sible (being an act, neglect or default in the navigation or management of the ship, in the loading, carriage or discharge of goods on, in or from the ship or in the embarkation, car - riage or disembarkation of persons on, in or from the ship); • for loss of or damage to goods carried in a ship; • arising out of any agreement relating to the carriage of goods in a ship or to the use or hire of a ship; • in the nature of salvage; • in the nature of towage in respect of a ship; • in the nature of pilotage in respect of a ship; • in respect of goods or materials supplied to a ship for her operation or maintenance;
• in respect of the construction, repair or equip - ment of a ship, or of dock charges or dues; • by a Master or member of the crew of a ship for wages; • by a Master, shipper, charterer or agent in respect of disbursements made on account of a ship; • arising out of an act that is or is claimed to be a general average act; • arising out of bottomry; and • for the forfeiture or condemnation of a ship or goods that are being or have been carried or that have been attempted to be carried in a ship, or for the restoration of a ship or any such goods after seizure or for droits of Admi - ralty. The jurisdiction may be invoked by the following. • An action in rem against the vessel or proper - ty in question, if it is lying within the territorial jurisdiction of the court. This territorial juris - diction extends to the territorial waters, but in practice the arrest of a vessel or the service upon her of a writ in rem is not possible unless the vessel calls at a Cyprus port. • An action in personam, if: (a) the defendant has their residence or a place of business within Cyprus; (b) the cause of action arose in Cyprus; or (c) an action arising out of the same incident or series of incidents is pending or has been determined in the court. 1.2 Port State Control In Cyprus, the system and powers of port state control are regulated by: • the Merchant Shipping (Port State Control) Law of 2011 to 2020 (Law 95 (I)/2011) as amended for the purpose of harmonising the Law with EU Directive 2009/16/EC of the
148 CHAMBERS.COM
Powered by FlippingBook