CYPRUS Law and Practice Contributed by: Kyriacos Scordis, Alexandros Gavrielides, Chara Pieri and Demetris Yiannakou, Scordis, Papapetrou & Co LLC
copies of any documents on which the respond- ent wishes to rely upon. A party’s failure to comply with the relevant pre-action conduct requirements is taken into account by the court in providing case manage- ment directions and in awarding costs, the gen- eral idea being that the non-complying party will normally be ordered to pay the costs relating to any steps taken or required to be taken as a The Limitation of Actions Law of 2012 (Law 66(I)/2012) (the “Limitation Law”) provides for different limitation periods depending on the nature of the claim. The general limitation peri- od for claims founded in tort or contract is six years, although shorter limitation periods apply in respect of specific torts, such as: • defamation (one year); • malicious falsehood (one year); • negligence (three years); • nuisance (three years); and • breach of statutory duty (three years). The courts have the power to extend the pre- scribed limitation periods by up to two years if they consider this to be just and reasonable in the circumstances, subject to the proviso that no claim can be brought after the expiration of ten years from the date on which the relevant cause of action is completed. In general, the pre- scribed limitation periods begin to run from the time the cause of action is completed or from 1 January 2016, whichever time is latest. The Limitation Law also contains provisions regard- ing the circumstances in which the running of the prescribed limitation periods may be postponed or suspended as well as transitional provisions with respect to causes of actions based on facts result of the non-compliance. 3.2 Statutes of Limitations
occurring before 1 July 2012 when the Limita- tion Law entered into force. It should be noted that the provisions of the Limitation Law do not affect the limitation periods in respect of specific types of claims that are prescribed in other stat- utes, such as the statutes governing liability for defective products, the administration of estates and the specific performance of contracts for the sale of land. 3.3 Jurisdictional Requirements for a Defendant If a claim before a Cypriot court is directed against a defendant not domiciled in Cyprus or has other “foreign elements” (eg, if the facts giving rise to the dispute occurred outside Cyprus), the court will determine whether it has jurisdiction over the claim by applying either the provisions of the Recast Brussels I Regulation (Regulation (EU) No 1215/2012) or the national rules concern- ing jurisdiction. Most commercial disputes fall within the scope of application of the Brussels I Regulation. Generally, the determining factor of jurisdiction under the Brussels I regime is the domicile of the defendant. As a general rule, the court will have jurisdiction where the defendant is domiciled in Cyprus, subject to the provisions of the Recast Brussels I Regulation regarding exclusive jurisdiction, prorogation of jurisdiction and lis pendens. If the defendant is not domi- ciled in Cyprus the court may have jurisdiction over the claim pursuant to the provisions of the Recast Brussels I Regulation regarding exclusive jurisdiction (eg, if the claim concerns immovable property located in Cyprus, or the validity 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 contractual obligation performed or due to be performed in Cyprus) and prorogation of jurisdiction (eg, if the parties agreed that their
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