Registration of Foreign Court Judgments in CyprusChristos Paraskevas
Our law firm’s managing partner Mr. Christos Paraskevas, has published an article in relation to the Recognition, Registration and Enforcement of Court Judgments issued by foreign courts in Cyprus. The article was puplished to Lawyers in Cyprus, a leading Cyprus portal for Cyprus law. The full article may found here. Extracts are reproduced below.
Recognition, Registration and Enforcement of Court Judgments issued by EU Member States’ Courts
A judgment including a decree, order, decision or writ of execution given in one EU country is to be recognised in Cyprus which is a full member of the EU and as such all EU enforcement procedures apply. In enforcing a foreign judgment, Cyprus courts cannot review the substance of that judgment.
The party who wishes to invoke in Cyprus a judgment given in another Member State shall produce:
(a) a copy of the judgment; and
(b) the certificate issued in accordance to Article 53.
An enforceable judgment shall carry with it by operation of law the power to proceed to any protective measures which exist under the law of the Member State addressed.
The relevant applicable regulations in relation to the enforcement of EU judgments are the following:
• EC Regulation No 44/2001 on the recognition and enforcement of judgments in civil and commercial matters.
• EC Regulation No 805/2004 which provides for automatic recognition and enforcement of foreign judgments for specified types of claims, without the intermediate processes required under EC No. 44/2001 (application to declare foreign judgment enforceable). The said Regulation applies to uncontested claims.
• EC Regulation 1215/2012. This Regulation applies in civil and commercial matters whatever the nature of the court or tribunal. A judgment given in a Member State shall be recognised in the other Member States without any special procedure being required.
Recognition, Registration and Enforcement of Court Judgments issued by non EU Member States’ Courts
In Cyprus, the rules concerning the procedure on recognition, enforcement and execution of judgments issued by non EU Member States’ Courts are provided in Law No. 121(1)/2000Foreign Court Judgments.
Cyprus is bound by bilateral treaties relating to the recognition and enforcement of foreign judgments with various countries and it is a signatory to various multilateral conventions relating to the recognition and enforcement of foreign judgments.
Recognition, Registration and Enforcement of Foreign Arbitral Awards
The New York Convention, as the most important international act in the area of international trade law, has been ratified and implemented in Cyprus by the Law on the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (Ratification) No 84/1979. The other significant act of Cypriot national legislation is the Law on International Arbitration in Commercial Matters Law No 101/1987. Foreign arbitral awards can be enforced in Cyprus by virtue of the provisions stated in the Cyprus International Commercial Arbitration Law of 1987 (No.101/1987) and theNew York Convention on the Recognition and Enforcement of Foreign Arbitral Awards of 1958, which Cyprus has ratified by Law No. 84/1979.
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