Litigation and Dispute Resolution
LITIGATION AND DISPUTE RESOLUTION
Our firm’s Litigation and Dispute Resolution Department takes pride in its responsiveness, efficiency, reliability and diligence in servicing our clients in a cost-effective, time-efficient and highly qualitative manner.
As is the case with the Cyprus legal system in general, litigation in the Republic of Cyprus is primarily based on Common Law and Equity, providing a clear indication of the island’s British colonial heritage. Whilst this is indeed true of most areas of law in Cyprus, Cyprus legal system also accommodates elements of continental European law, particularly with regards to Public Law, namely constitutional and administrative law. In this respect, a more accurate depiction of the Cyprus legal order is that of a “mixed” legal system.
Pursuant to the provisions of Article 29 of the Courts of Justice Law (14/60), the applicable law in Cyprus and the relevant legal sources are the following:
- European Union Law which supersedes all domestic laws, including the Constitution of the Republic of Cyprus.
- The Constitution of the Republic of Cyprus and the domestic Laws.
- The laws that have remained in force by virtue of Article 188 of the Constitution of the Republic of Cyprus.
- Common Law and Equity.
- The laws applicable before 1960, namely when Cyprus acquired its independence.
The Cypriot judicial system consists of two tiers of Courts: First Instance Courts and the Supreme Court. First Instance Courts are the District Courts and the so-called Courts of Special Jurisdiction, such as the Industrial Disputes Tribunal, the Rent Control Courts, the Family Courts and the Military Court. The Supreme Court is at the top of the pyramid and it is the only appellate court in Cyprus.
Our approach in handling f each case is the same and does not vary depending on the nature of the case or the type of the Client; your case is as important to us, as it is to you. Our firm’s Litigation Department undertakes the handling of all kinds of litigation and dispute resolution, across a broad spectrum of areas of practice, and is committed to safeguarding your legal rights by pursuing your case with zeal, conviction and integrity.
Special reference is made to the below procedures, emphasizing the wide scope of AK’s litigation capabilities:
Pursuant to the provisions of Article 29 of the Courts of Justice Law (14/60), the applicable law in Cyprus and the relevant legal sources are the following:
- Personal Injury and Negligence claims, such as road traffic accidents, insurance, defamation, libel, slander and negligence claims;
- Civil and Commercial claims such as contract claims and disputes, banking and finance disputes, landlord and tenant disputes, employment disputes;
- Admiralty Disputes such as arrest of ships, salvage claims, disputes related to the construction or maintenance of a ship and generally any claims that arise and are in the exclusive jurisdiction of the Admiralty Court;
- Family Disputes (including applications for parental care, maintenance/alimony, divorce proceedings, division of marital assets);
- Restructuring and Insolvency;
- Corporate Litigation which necessitates under the Companies Law and other similar or ancillary Law pertaining to procedural matters of a corporation such as Shareholders disputes and liquidations;
- Recognition, Enforcement and Execution of foreign judgments in Cyprus;
- Debt recovery and Debt collection;
- Interim orders of any type (including of the type of Mareva Injunctions – freezing of bank accounts, Norwich Pharmacal, Chabra Orders, Anton Piller Orders, Anti-suit injunctions and Gagging Orders);
- Passing-off Claims;
- Administrative Disputes;
- Fraud and Asset Tracing;
- Human Rights Claims both domestically and internationally.
ALTERNATIVE DISPUTE RESOLUTION
Whilst litigation in Cyprus accounts for the most widely known method for the settlement of disputes, it is not the sole mechanism for dispute resolution. Having regard to the fact that, Alternative Dispute Resolution (ADR) in Cyprus is still at its infancy (at least in relation to other jurisdictions where ADR is more commonly utilised as a means of dispute resolution), in instances where the parties to a dispute wish to avoid litigation and lengthy court proceedings, they may seek to refer the dispute to arbitration (provided of course that the parties have reached an agreement regarding the settlement of the dispute in this manner). Arbitration in Cyprus is mainly based on Arbitration Law (Cap.4) and International Commercial Arbitration Law (101/1987).
At Karitzis Legal, it is our primary objective to provide clients with the most efficient and effective settlement to a dispute. A legal action, before a Court of Law, can be a time-consuming and stressful procedure, while alternative dispute resolution (ADR) methods, such as mediation and arbitration, can provide Clients with a vital out- of- court settlement to their disputes.
Agreements reached through ADR are legally enforceable while the whole procedure is characterized by flexibility, is confidential, less time consuming and aims to preserve and maintain the future relationship between the parties. Our Firm’s accredited arbitrators and mediators can assist in the following sectors:
- Construction Claims
- Banking Claims
- Property Claims
- Family Law Issues
- Commercial and Corporate Disputes
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