Recognition and Enforcement of Foreign Judgments and Foreign
Arbitral Awards in Cyprus
1. Introduction
This article deals with the process of recognition and enforcement of foreign judgments
and foreign arbitral awards in Cyprus. The article firstly, focuses on the enforcement of
foreign judgments under the provisions of the Regulation (EC) No. 44/2001 on
jurisdiction and the recognition and enforcement of judgments in civil and commercial
matters and Regulation (EC) No. 805/2004 creating a European Enforcement Order for
uncontested claims.
The article will then go on to discuss the Cypriot Law No. 121(1)/2000 that specifically
describes the procedure to be followed for recognition and enforcement of foreign
judgments in Cyprus.
Finally, the article will discuss the procedure for recognising and enforcing foreign
arbitral awards in Cyprus under the Cypriot Law No. 101/1979 on International
Arbitration in Commercial Matters and the New York Convention on the Recognition
and Enforcement of Foreign Arbitral Awards of the United Nations of 1958.
2. European Legislation on enforcement and recognition of foreign judgments
The Republic of Cyprus acceded to the European Union on 1st May 2004 and is therefore
bound by EC Regulations No. 44/2001 and No. 805/2004. No measures are required nor
have been taken, to implement the said EC Regulations in the national law, since they are
considered as binding law for all the Member States.
By introducing the two Regulations the European Union aims to ensure mutual trust in
the administration of justice within its boundaries and to make the recognition of
judgments from one Member State to the other automatic, without any intermediate
procedure.
a. Council Regulation (EC) No 44/2001 of 22 December 2000 on
jurisdiction and the recognition and enforcement of judgments in civil
and commercial matters
Under EC Regulation No. 44/2001, judgments given in a Member State, which are
enforceable in that Member State, can be enforced in another Member State once they are
declared enforceable there, on an application by anybody who has an interest in the
matter, without any special procedure being required1. This is subject to the exception of
Denmark that did not adopt the Regulation and is therefore not bound by it 2.
The said Regulation applies to court judgments or orders but not to arbitration3. The
definition of judgment is given in Article 32 as follows: “any judgment given by a court
or tribunal of a Member State, whatever the judgment may be called, including a decree,
order, decision or writ of execution, as well as the determination of costs or expenses by
an officer of the court”.
Pursuant to Article 39 of the said Regulation, such an application should be made to the
Court or competent authority indicated in the list in Annex II. The relevant Cypriot Court
is the “Επαρχιακό Δικαστήριο” (District Court) or in the case of a maintenance judgment
the “Οικογενειακό Δικαστήριο” (Family Court)4. The local jurisdiction shall be
determined on the basis of the place of domicile of the party against whom the
enforcement is sought, or of the place of enforcement.
1
Articles 33 and 38 of Regulation (EC) No. 44/2001
2
Article 21 of Preamble of Regulation (EC) No. 44/2001
3
Article 1(2)(d) of Regulation (EC) No. 44/2001
4
Act concerning the conditions of accession of the Czech Republic, the Republic of Estonia, the Republic
of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of
Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic and the adjustments to the
Treaties on which the European Union is founded - Annex II: List referred to in Article 20 of the Act of
Accession - 18. Cooperation in the fields of justice and home affairs - A. Judicial cooperation in civil and
commercial matters
2
The procedure for making the application is governed by the law of the Member State in
which enforcement is sought5. In Cyprus such an application is made by summons and is
accompanied by an affidavit.
Pursuant to Article 53, certain formalities need to be fulfilled before the declaration of
enforceability is made. The party seeking recognition or applying for a declaration of
enforceability must produce a copy of the judgment which satisfies the conditions
necessary to establish its authenticity and shall also produce the Certificate using the
standard form in Annex V to the Regulation6. The certificate should set out:
i. the Member State of origin;
ii. the Court or competent authority issuing the Certificate;
iii. the Court which delivered the judgment or approved the Court settlement;
iv. details of the judgment or the Court settlement including the date it was given,
v. its reference number;
vi. the parties to the judgment or the Court settlement;
vii. the name of the Plaintiff, the name of the Defendant, the names of any other
parties, if any;
viii. where the judgment was given in default of appearance, the date of service of the
document instituting the proceedings;
ix. the text of the judgment or the Court settlement;
x. the names of the parties to whom legal aid has been granted.
The Certificate is provided by the court officials in the Member State in which the
judgment was given.
Once the formalities under Article 53 are complied with, the foreign judgment is declared
enforceable immediately7. It is then placed on the same footing as judgments of the
Cypriot courts and takes effect as such.
5
Article 40 of Regulation (EC) No. 44/2001
6
Article 54 of Regulation (EC) No. 44/2001
7
Article 41 of Regulation (EC) No. 44/2001
3
A party seeking an order for enforcement can apply to the Court for provisional or
protective measures in accordance with Article 31. Such a measure would be an
injunction freezing the assets of the party against whom enforcement is sought, if these
are within the jurisdiction of the Cypriot courts. The court can refuse to grant the
protective measures sought, if it holds that it does not have jurisdiction in relation to the
subject matter of the proceedings.
Pursuant to Article 34, the court may refuse the judgment’s recognition and enforcement
on the following grounds:
a) if the judgment is contrary to the public policy of Cyprus
b) where the judgment was given in default of appearance, if the Defendant was not
served with the document instituting proceedings in good time or in a manner as
to enable him to prepare his/her defence
c) if the judgment is irreconcilable with an earlier judgment of the Cypriot courts
between the same parties
d) if recognition will be irreconcilable with an earlier judgment given in another
Member State or in a third State between the same parties regarding the same
cause of action
It is very important to note here that a foreign judgment cannot be reviewed as to its
substance8. Therefore, the Cypriot court will either accept or refuse the judgment’s
recognition and enforcement, without interfering with the substance of the judgment.
On application of the interested party and following the examination of the relevant
documents attached to the application, the relevant District Court (or the relevant Family
Court in maintenance cases), issues the declaration of enforceability. The declaration of
enforceability must be served on the party against whom enforcement is sought
accompanied by the judgment, if not already served on that party9.
8
Article 36 of Regulation (EC) No. 44/2001
9
Article 42 of Regulation (EC) No. 44/2001
4
Under Article 43, a Defendant has the right to appeal against the order of the District
Court to the Cypriot Supreme Court within one month of the service of the notice of
enforcement.
The period expands to two months if the Defendant is domiciled in a Member State other
than Cyprus. Domicile for an individual is defined as the place where he/she ordinarily
resides and for a company it is where that company ordinarily carries out its business.
If an appeal against the declaration of enforceability is not lodged within one month (or
two months, if the Defendant is not domiciled in Cyprus) of service thereof, the
enforceability becomes final and execution can begin.
Under Article 46, the Court with which an appeal has been lodged under Article 43 may
stay the proceedings if an ordinary appeal has been lodged against the judgment in the
Member State of origin.
All the methods of execution of Cypriot court judgments are available for the execution
of enforceable foreign judgments under this Regulation.
b. Council Regulation (EC) No 805/2004 of the European Parliament
and of the Council of 21 April 2004 creating a European Enforcement
Order for uncontested claims
On April 21 2004, the Regulation creating a European Enforcement Order (“EEO”) for
uncontested claims was published in the European Community Official Journal.
Article 1 of the Regulation provides that “the purpose of this Regulation is to create a
European Enforcement Order for uncontested claims to permit (…) the free circulation of
judgments, court settlements and authentic instruments throughout all Member States
without any intermediate proceedings needing to be brought in the Member State of
enforcement prior to recognition and enforcement” .
5
The EEO is a title issued by the courts of the Member State where a judgment was
delivered, a settlement agreement concluded or an authentic instrument drawn up and it
concerns a claim for the payment of a specific sum of money that has fallen due.
Similarly to Regulation 44/2001, all the Member States with the exception of Denmark
are bound by this Regulation which is applicable since 21 October 200510.
This Regulation offers significant advantages when compared with the exequatur
procedure provided for in EC No. 44/2001. It accelerates and simplifies access to
enforcement in a Member State by abolishing the exequatur i.e. by enforcing the
automatic recognition and enforcement and dispensing with any intermediate measures to
be taken prior to enforcement in the Member State in which enforcement is sought. Thus,
there is no need to obtain a declaration of enforceability of the EEO in the second
Member State and there is no possibility of opposing its recognition, saving time and
expense11.
Creditors have the choice to apply for a EEO for uncontested claims under this
Regulation. However, they remain free to seek recognition and enforcement of a
judgment under EC No. 44/200112.
According to Article 2(1), the Regulation applies in civil and commercial uncontested
claims but does not extend to revenue, customs or administrative matters or to the status
or legal capacity of natural persons, or to any liability of the State for acts and omissions
in the exercise of State authority. Additionally, the Regulation specifically excludes
application to Arbitration13.
EEO is exclusively intended for uncontested claims. An “uncontested claim” is defined in
Article 3(1) of the Regulation as follows:
10
Article 25 of Preamble of Regulation (EC) No. 805/2004
11
Article 5 of of Regulation (EC) No. 805/2004
12
Article 20 of Preamble of Regulation (EC) No. 805/2004
13
Article 2(2)(d) of Regulation (EC) No. 805/2004
6
“(a) the debtor has expressly agreed to it by admission or by means of a settlement which
has been approved by a court or concluded before a court in the course of proceedings;
or
(b) the debtor has never objected to it, in compliance with the relevant procedural
requirements under the law of the Member State of origin, in the course of the court
proceedings; or
(c) the debtor has not appeared or been represented at a court hearing regarding that
claim after having initially objected to the claim in the course of the court proceedings,
provided that such conduct amounts to a tacit admission of the claim or of the facts
alleged by the creditor under the law of the Member State of origin; or
(d) the debtor has expressly agreed to it in an authentic instrument”.
In the absence of an express consent by the debtor under subsections 3(1)(a) or 3(1)(d),
the claim is presumed to be uncontested if the debtor failed to object to it under 3(1(b) or
has not appeared or was not represented at a court hearing after an initial objection in the
course of court proceedings under 3(1)(c).
The latter provisions are subject to criticism. Firstly, the expression “at a court hearing
regarding that claim” is vague. Imagine a situation where the debtor was involved in the
proceedings and filed submissions but did not appear at the hearings. Does that mean that
he consented to the claim? This would unlikely be acceptable. Moreover, further issues
arise in respect of the law of the Member State of origin and whether that law allows
determining when the behaviour of the debtor amounts to an implied recognition of the
claim.
The automatic recognition and enforcement is allowed once a certificate is issued by the
court of origin, following an application at any time. The judge that issues the certificate
could be the same as the one that issued the initial judgment. Arguably, this is a drawback
7
of the Regulation which should have imposed a separation of such functions in an attempt
to secure the court’s impartiality.
The requirements that must be fulfilled before the court that deals with the judgment on
an uncontested claim certifies it as a EEO are provided under Article 6(1) as follows:
“(a) the judgment is enforceable in the Member State of origin; and
(b) the judgment does not conflict with the rules on jurisdiction as laid down in sections 3
and 6 of Chapter II of Regulation (EC) No 44/2001; and
(c) the court proceedings in the Member State of origin met the requirements as set out in
Chapter III where a claim is uncontested within the meaning of Article 3(1)(b) or (c); and
(d) the judgment was given in the Member State of the debtor's domicile within the
meaning of Article 59 of Regulation (EC) No 44/2001, in cases where:
- a claim is uncontested within the meaning of Article 3(1)(b) or (c); and
- it relates to a contract concluded by a person, the consumer, for a purpose which can
be regarded as being outside his trade or profession; and
- the debtor is the consumer”.
Pursuant to Article 7, when the judgment includes an enforceable decision on the amount
of costs related to the court proceedings, including interest rates, the judgment is certified
as a EEO with regard to such costs, save for when the debtor specifically objects to bear
such costs.
Additionally, it is also possible to apply for and obtain a partial EEO certificate, if only
parts of the judgment meet the requirements of the Regulation14. One can envisage the
type of situations this provision is intended to apply to. It may apply to a situation where
the court has settled beyond what was claimed by the creditor or to a situation where the
14
Article 8 of Regulation 805/2004
8
defendant has only contested to part of the creditor’s claim15.
The Regulation lays down minimum standards with regard to the service of documents
instituting the proceedings that must be fulfilled, to ensure that the debtor is informed
about the court action against him so that he/she can contest the claim16.
The methods of service are contained within Articles 13 and 14 of the Regulation and
only these methods are allowed, if the judgment is to be certified as a EEO. The method
of service provided in Article 13 is characterised by full certainty that the document
served has reached its addressee, since there must be an acknowledgement of receipt by
the debtor, whether the service was personal, postal or by electronic means.
Under Article 14 there must be a very high degree of likelihood17 that the document has
reached its addressee but there is no need for proof of receipt by the debtor.
Besides, the Regulation does not oblige the Member States to adapt their national
legislations to the minimum standards set out in the Regulation. It only provides an
incentive, by creating a more efficient and speedy enforceability of judgments in other
Member States only if those minimum standards are met18.
The debtor must be duly informed about the claim. To ensure that, Article 16 provides
that the document instituting the proceedings must contain the following:
“(a) the names and the addresses of the parties;
(b) the amount of the claim;
(c) if interest on the claim is sought, the interest rate and the period for which interest is
sought unless statutory interest is automatically added to the principal under the law of
the Member State of origin;
15
Alexis Mourre, A. and Lahlou, Y. (2004)
16
Article 12 of Preamble of Regulation (EC) No. 805/2004
17
Article 14 of the Preamble of Regulation (EC) No. 805/2004
9
(d) a statement of the reason for the claim”.
Additionally, under Article 17, the document instituting the proceedings must also inform
the debtor about the procedural steps necessary to contest the claim or the time for the
court hearing, as applicable, and the requirements to comply with to ensure adequate
representation by a lawyer. Furthermore, the debtor must be informed about the
consequences of a failure to object or of a default appearance.
However, the Regulation allows the creditor to obtain a EEO even if he/she did not
comply with the said requirements. Thus even if the minimum rules on service were not
complied with, the creditor may cure such failure under Article 19 in two ways. Firstly, if
the creditor duly served the judgment on the debtor according to Articles 13 and 14 and
the debtor could have challenged the judgment by means of a full review and he/she was
duly informed about the procedural requirements for such a challenge but he/she has
nevertheless failed to challenge the judgment. Secondly, if the requirements under
Articles 13 and 14 were not complied with, but it is proved by the debtor’s conduct in the
court proceedings that he has personally received the document instituting proceedings in
sufficient time to arrange for his defence.
The second provision is rather peculiar because if the debtor attends the hearing, then it is
necessarily implied that he received the document instituting proceedings. The provision
probably aims to prevent a debtor who appeared at the initial proceedings to argue at the
enforcement stage that he/she received the document instituting the proceedings too late,
if he/she failed to raise that argument earlier.
Pursuant to Article 19, the courts of the Member State of origin can certify judgments as
EEOs if the substantial law of that Member State allowed the debtor to apply for a review
18
Article 19 of the Preamble of Regulation (EC) No. 805/2004
10
of the judgment. This arises in two situations. Firstly, if the document instituting
proceedings or the summons to a court hearing was served by one of the methods
provided for in Article 14 and that service was not effected in sufficient time as to enable
the debtor to arrange for his/her defence, without any fault on his/her part. Secondly, the
debtor did not object to the claim because he/she was prevented from doing so by a force
majeure or extraordinary circumstances, without any fault on his/her part. In either case,
the review of the judgment is a condition for the certification, provided that the debtor
acted promptly.
Once a judgment has been certified, the creditor can enforce it in any Member State
without any intermediate procedure. The law of the Member State of origin determines
whether the judgment is enforceable or not, and the law of the Member State of
enforcement governs the enforcement procedures. Thus, the Cypriot law, will only apply
once the judgment is rendered enforceable.
A “judgment that has been certified as a EEO by the court of origin should be treated as
if it had been delivered in the Member State in which enforcement is sought”19.
Therefore, the judgment certified as a EEO is placed on the same footing as judgments of
the Cypriot courts20.
Under Article 20(2) of the Regulation, the creditor seeking enforcement of the EEO must
file a copy of the judgment which satisfied the conditions necessary to establish its
authenticity and a copy of the EEO certificate which again satisfied the authenticity
conditions, both duly translated in the Greek language which is one of the official
languages of the Republic of Cyprus. The translation into Greek shall be made by an
official or a sworn translator or by a diplomatic or consular agent.
19
Article 8 of Preamble of Regulation (EC) No. 805/2004
20
Article 20(1) of Regulation (EC) No. 805/2004
11
Under Article 20(3), no security, bond or deposit, shall be required by the party who
applies for enforcement of a judgment certified as a EEO in another Member State, on the
ground of nationality or foreign domicile.
Once the certification is secured, enforcement may only be refused21 upon an application
by the debtor if the judgment certified as a EEO is in conflict with an existing earlier
judgment involving the same cause of action between the same parties given in any
Member State or in a third country. Besides, it is required that the irreconcilable character
of the two judgments was not and could not have been raised as an objection in the court
proceedings in the Member State of origin.
Under Article 21(2), the judgment or its certification as a EEO cannot be reviewed as to
their substance in the Member State of enforcement under any circumstances. Thus the
Cypriot courts are prohibited from reviewing the substance of the judgment or the EEO.
Pursuant to Article 10(1)(b), the debtor can apply for the withdrawal of the EEO where it
was clearly wrongly granted, having regard to the requirements laid down under Article
6. The withdrawal is governed by the law of the Member State of origin but the nature of
the withdrawal procedure is unclear. It is hard to imagine that the court will rule without
hearing the creditor. However, such a procedure with both parties being heard would
constitute an appeal. Since the Regulation is ambiguous on this point, it is unlikely that
all the Member States would protect fully the creditor’s rights under the withdrawal
procedure. This is considered as one of the drawbacks of the Regulation.
Under Article 10(1)(a), the court of origin can rectify the EEO on an application by the
debtor when, due to a material error, there is a discrepancy between the judgment and the
certificate. The conditions for the rectification are again governed by the laws of the
Member State of origin.
21
Article 21 of Regulation (EC) No. 805/2004
12
Under Article 23, when the debtor has challenged the judgment certified as a EEO or has
applied for the rectification or withdrawal of a EEO, he/she can ask the court of the
Member State of enforcement either to limit the enforcement to protective measures, or to
make enforcement conditional upon the provision of a security or under exceptional
circumstances only, stay the enforcement proceedings. Such challenges are governed by
the law of the State of enforcement.
All the methods of execution of Cypriot court judgments are available for the execution
of enforceable foreign judgments certified as EEOs under this Regulation.
3. Cypriot Legislation on enforcement of foreign judgments
In Cyprus, the rules concerning the procedure on recognition, enforcement and execution
of foreign judgments are contained in Law No. 121(1)/2000. This Law applies to all the
cases in which recognition, registration and enforcement of decisions of foreign courts is
requested.
Under provision 3(1) of the said Law, decision of a foreign court is the decision of the
court or arbitral organ or organ of a foreign country with which the Republic of Cyprus
has concluded or is connected with an agreement for mutual recognition and enforcement
of judicial decisions and arbitral awards and which is enforceable in the country issuing
such decision.
Pursuant to provision 5(a) of the said Law, the procedure starts with filing an application
by summons and an affidavit at the District Court, in accordance with the Civil Procedure
Rules. Following that, a hearing date is given by the court within four weeks from the
filing date. The respondent must be served with a copy of the application without any
delay.
13
The Law gives the opportunity to the respondent to contest the application by filing a
written objection accompanied by an affidavit, where he/she outlines the facts on which
his/her objection is based, at least 2 days before the date of the hearing. The court will
normally refuse to extend the time period for filing an objection unless special reasons
exist for a reasonable extension.
4. Legislation on Enforcement of Foreign Arbitral Awards in Cyprus
International arbitration is defined as arbitration between parties that have their place of
business in different states. Arbitral awards are enforceable in Cyprus under the
provisions of the Cypriot Law on International Arbitration in Commercial Matters Law
No. 101/1979 and the New York Convention on the Recognition and Enforcement of
Foreign Arbitral Awards of the United Nations of 195822. As a signatory to the New York
Convention, Cyprus has to enforce awards made in foreign states which are signatories 23
to the Convention.
The Cypriot Law curtails the power of the parties to ask for the intervention of the court
at any stage of the arbitration, thus allowing for a speedy adjudication. The court will
22
Law No. 84/1979
23
The parties to the Convention are as follows: Afghanistan, Albania, Algeria, Antigua and Barbuda
Argentina, Armenia, Australia, Austria, Azerbaijan, Bahamas
Bahrain, Bangladesh, Barbados, Belarus, Belgium, Benin, Bolivia, Bosnia and Herzegovina, Botswana,
Brazil, Brunei Darussalam, Bulgaria, Burkina Faso, Cambodia, Cameroon, Canada, Central African
Republic, Chile, China, Colombia, Costa Rica, Cook Islands, Côte d'Ivoire, Croatia, Cuba, Cyprus, Czech
Republic, Denmark , Djibouti, Dominica, Dominican Republic, Ecuador, Egypt, El Salvador, Estonia,
Finland, France, Gabon, Georgia, Germany, Ghana, Greece, Guatemala, Guinea, Haiti, Holy See,
Honduras, Hungary, Iceland, India, Indonesia, Iran, Ireland, Israel, Italy, Jamaica, Japan, Jordan,
Kazakstan, Kenya, Kuwait, Kyrgyzstan, Lao People's Democratic Republic, Latvia, Lebanon, Lesotho,
Liberia, Lithuania, Luxembourg, Madagascar, Malaysia, Mali, Malta, Marshall Islands, Mauritania,
Mauritius, Mexico, Moldova, Monaco, Mongolia, Montenegro, Morocco, Mozambique, Nepal,
Netherlands, New Zealand, Nicaragua, Niger, Nigeria, Norway, Oman, Pakistan, Panama, Paraguay, Peru,
Philippines, Poland, Portugal, Qatar, Republic of Korea, Republic of Moldova, Romania, Russian
Federation, Saint Vincent and the Grenadines, San Marino, Saudi Arabia, Senegal, Serbia and Montenegro,
Singapore, Slovakia, Slovenia, South Africa, Spain, Sri Lanka, Sweden, Switzerland, Syrian Arab
Republic, Thailand, The former Yugoslav Republic of Macedonia, Trinidad and Tobago, Tunisia, Turkey,
Uganda, Ukraine, United Arab Emirates, United Kingdom, United Republic of Tanzania, United States of
America, Uruguay, Uzbekistan, Venezuela, Vietnam, Zambia, Zimbabwe. Available at:
http://www.wipo.int/amc/en/arbitration/ny-convention/parties.html
14
interfere in the process rarely. Prior to an award being delivered, the court will only
appoint one or more arbitrators if the parties fail to do so24 and the court can ask the
parties to provide all the relevant information supporting their case to the appointed
arbitrator. Additionally, the court can terminate an arbitrator’s mandate if he fails to
discharge his duties or is guilty of undue delay in doing so.
The enforcement of a foreign arbitral award can be effected by filing an application by
summons by the party seeking enforcement, i.e. the judgment creditor. The application
must be served on the debtor, must be supported by an affidavit and pursuant to Article
IV of the New York Convention, the following documents must be attached to it:
a) the duly authenticated original award or a duly certified copy;
b) the original agreement or a duly certified copy.
If the said award is not drafted in Greek, the party applying for recognition must also
produce a translation of the documents into Greek by an official or a sworn translator or
by a diplomatic or consular agent.
Once the summons is served on the debtor, he is given the opportunity to appear at the
first hearing of the application and can oppose the registration of the award. If the debtor
opposes the registration, the court will direct him to file his written opposition stating the
grounds for refusing the registration of the award.
The grounds for attacking the validity of the award are provided in Article V of the
Convention. The court may set aside the award or refuse its recognition and enforcement
on the following grounds:
a) Some incapacity of the parties or invalidity of the arbitration agreement;
24
Provision 26 of the Cypriot Law on International Arbitration in Commercial Matters Law No. 101/1979
15
b) Failure to give proper notice of the appointment of the arbitrator to the party
against whom the award is invoked;
c) The award deals with a difference not contemplated by or not falling within the
terms of the submission of the arbitration;
d) The composition of the arbitral authority was not according to the parties’
agreement or was not otherwise according to the law of the country where
arbitration took place;
e) The award has not yet become binding on the parties nor has been set aside or
suspended by a competent authority of the country in which the award was made.
Additionally, further grounds are provided under 36(b) of the Cypriot law as follows:
a) The subject matter of the dispute not being capable of settlement by arbitration
under the law of Cyprus;
b) The award is contrary to the public order of Cyprus.
A judgment creditor can apply for an injunction25 freezing the assets of the debtor, which
are within the jurisdiction of the Cypriot courts, pending the final determination of the
application for registration of the award. The application for the injunction is made ex
parte at the date of the filing of the application for registration of the award.
All the methods of execution of Cypriot court judgments are available for the execution
of foreign arbitral awards, provided that the courts accept their recognition.
By Marina Hadjisoteriou, Legal Consultant at Michael Kyprianou & Co. LLC
25
National Iranian Tanker Company Ltd v Pastella Marine Company (1987) 1 CLR 120
16
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