articles | 30 May 2019 | Soteris Pittas & Co LLC

CYPRUS: Cypriot Courts do not have jurisdiction to grant anti-suit injunctions in aid of arbitral proceedings pursuant to Section 9 of Law 101/87 (UNCITRAL MODEL LAW).

The Supreme Court of Cyprus granted a prerogative order of Certiorari quashing an anti-suit injunction blocking a Cypriot Company from filing any proceedings in any part of the world, except before the LCIA Court.

The Supreme Court decided to quash and set aside such an anti-suit injunction on the following grounds:

(a) The Cypriot Courts do not have jurisdiction to grant an anti-suit injunction, pursuant to Section 9 of the International Commercial Arbitration Law (L 101/87) which has adopted verbatim the Uncitral Model Law, in aid of LCIA proceedings filed by the Respondent to the Certiorari Proceedings, because the term “protective measures” contained in Section 9 of the Law 101/87, does not include or cover an anti-suit injunction.

(b) The Cypriot Courts did not have jurisdiction to grant any anti-suit injunction, because the competent Courts were the English Courts, in the jurisdiction of whom, the arbitral proceedings filed by the Respondents to the Certiorari Proceedings, were conducted.

Our law firm acted for the successful applicant to the Certiorari Proceedings.

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