Safeguarding that our Clients can pursue their interests in whatever manner possible means we have established a committed litigation practice able to handle the most critical of disputes, our attorneys appearing before all Courts and tribunals in Cyprus. We handle all types of actions, acting either for the claimants or the defendants. Such as Shareholder disputes, commercial disputes, breach of contracts, competition disputes, fraud, intellectual property, debt recovery, energy litigation and human rights and international law. We are available to represent you with confidence and discretion.
Companies are increasingly facing concessions to their best interests due to internal disputes, bankruptcy, fraud and other situations. Certainly, such disputes must be resolved by a Court of Law, the Courts of Cyprus being the natural forum for all matters relating to Cyprus companies or groups with a presence in Cyprus (Cyprus Courts exercise a world-wide jurisdiction when seized). We particularly handle the following types of actions, acting either for the claimants or the defendants:
- Shareholders disputes
- Commercial disputes between companies
- Breach of contract and contractual disputes
- Competition disputes
- Derivative actions for fraud against the Company by the majority
- Winding-up proceedings
- Freezing orders
- Discovery Orders
- Orders in support of EU or Arbitration proceedings
- Debt Recovery and Debt Collection
- Recognition and Enforcement of Foreign Judgments
- Intellectual Property infringements and passing-off
The current state of global markets often results in debts never being collected or recovered. We have designed our debt recovery practice so as to meet our Clients’ requirements and needs with respect to recovering and collecting amounts due to them. It is an expected fact that late or non-payment can endanger the survival of any business.
Our Debt Recovery legal services entail the following:
- Pre-action warnings and collections
- Initiation of litigation proceedings claiming the amounts due
- Recognition and enforcement of judgments for the amounts due
- Bankruptcy proceedings against debtors
- Winding-up proceedings against debtors
Anticompetitive conduct should be addressed in the best manner and we have a dedicated professional legal team to litigate against any forms of collusion, such as concerted practices or anticompetitive agreements, and also handle situations where dominant market players abuse their dominant position against other market participants. We appear before the Cyprus Commission for the Protection of Competition, the District Courts and the Supreme Court in competition law matters.
Anticompetitive practices can have serious implications as to the proper operation of markets and the existence of fair competition. We can deal with both domestic and cross-border competition issues, should these arise in the context of mergers, agreements, decisions or other practices. Our services can help your organization make sure that, whichever industries you are operating in, your transactions meet the requirements of all competition rules, that your business policies are compliant and that your interests are well-protected.
Our legal services regarding anticompetitive practices cover:
- Advice over cartels and other concerted practices;
- Advice regarding horizontal or vertical agreements that might infringe competition;
- Advice and legal support regarding the internal decision-making process of market competitors in any given market so as to ensure compliance with competition rules;
- Advice as to the applicable regulatory framework;
- Litigation and dispute resolution with respect to anticompetitive practices.
Interim Orders and Injunctions
Our firm specializes in pursuing and obtaining interim order and injunctions within the context of main proceedings. Cyprus Courts have jurisdiction to issue a number of interim orders, including Freezing Orders, Discovery Orders, Garnishee Orders and Interim Receiver appointment orders. Interim Orders in support of foreign arbitration or in aid of court proceedings in other EU Member States also fall within the competence of Cyprus Courts and are often sought by our Firm’s Advocates.
Our Firm is in the best possible position to manage and pursue litigation in energy disputes, including oil and gas disputes, through both international arbitration and domestic litigation. Our work includes from commercial disputes in the energy sector to investment arbitration under either Article 26 or 27 of the Energy Charter Treaty. We have developed substantial know-how in assessing claims, managing complex cases, and cooperating with our energy clients’ in-house lawyers.
Our lawyers have proven experience in litigation law suits and settlements. Our experience has shown that involvement of our lawyers at an early stage in managing a dispute can help to prevent increase and therefore cut back costs. From the point of instruction you can rest assured that our team will deal with your dispute professionally, dynamically and efficiently.
Commercial and Corporate Litigation – Restraining Injunctive Relief/ Freezing Orders/ Mareva Injunctions – – Shareholders’ Dispute – Bankruptcy and Insolvency Litigation – Banking Litigation – Personal Injuries Litigation – Road Traffic Accidents Litigation – Insurance Claims and Disputes – Criminal Litigation – Debt Recovery – Claims based on Negligence including Medical Negligence and other Civil Wrongs such as Misrepresentation, Libel, Defamation, Passing off, Nuisance, Trespass etc. – Claims based on Breach of Contract – Claims based on Fraud and Deceit – Claims based on Banking Law – Intellectual Law Disputes (Trade Mark and Patent Litigation) – Family Law Litigation – Rent Control Law Litigation – Landlord and Tenant
Disputes – Employers’ and Occupiers’ liability – Employment/Labour Law Litigation – Trust Law Litigation – Consumer Litigation – Property and Inheritance Disputes – Real Estate Litigation – Constitutional and Administrative Litigation including Judicial Reviews
Recognition and Enforcement of Foreign Judgments as well as Arbitration Awards
Cyprus has acceded to the Convention on the Recognition of Foreign Judgments in Civil and Commercial Matters and Supplemental Protocol signed in The Hague in 1971 (Ratifying Law Νο. 11/1976). Also, Cyprus has acceded to the Convention on the Recognition and Enforcement of Foreign Arbitral Awards signed in New York on 10.06.1958.
For the simplification of procedures for enforcement and execution of foreign judgments in Cyprus, Law No. 121(1)/2000 was passed for the Recognition, Enforcement and Execution of Foreign Judgments. The Minister of Justice and Public Order has been assigned as the competent authority, and covers any decision of a foreign Court that is a Court decision or arbitral body or body of another state that the Republic is connected with an Agreement for the subject of mutual recognition and enforcement of court and arbitral decisions, and which the said decision is enforced in the state in which was published or becoming a member of the European Union, Cyprus is bound by the .the provisions of EC Regulation 44/2001 on Jurisdiction and the Enforcement of Judgments of Civil and Commercial Matters.
Arbitration, is a form of alternative dispute resolution a technique for the resolution of disputes outside the courts, where the parties to a dispute refer it to one or more persons (the “arbitrators”, “arbiters” or “arbitral tribunal”), by whose decision (the “award”) they agree to be bound. It is a resolution technique in which a third party reviews the evidence in the case and imposes a decision that is legally binding for both sides and enforceable. Arbitration is often used for the resolution of commercial disputes, particularly in the context of international commercial transactions. One of the reasons that arbitration is so popular in international trade as a means of dispute resolution, is that it is often easier to enforce an arbitration award in a foreign country than it is to enforce a judgment of the court.
By far the most important international instrument on arbitration law is the 1958 New York Convention on Recognition and Enforcement of Foreign Arbitral Awards.
Cyprus has many characteristics that make it an attractive country as a venue for international arbitration. It’s history, geographical location (part of Europe and near the Middle East). The jurisdiction must be neutral, the parties must be certain that no legal obstacle will jeopardise the conduct of the arbitration and that once the award has been made, the successful party will be able to secure its legal enforcement in the country or countries where the other side has assets.
Nasos A. Kyriakides & Partners LLC has the experience and professional legal team to represent a party in arbitration proceedings, attend preliminary meetings, preparing pleadings and handle the entire hearing of claim.