Looking for information regarding dispute resolution in Cyprus? Our article will provide you with insights into the main methods of dispute resolution in Cyprus, including court trial and mediation.
The justice system in Cyprus comprises 2 levels:
- special and district-based courts
- the High Court
Courts of the 1st level have the authority to try civil lawsuits in Cyprus which are beyond the scope of special courts.
The High Court plays a part of the ultimate authority in matters pertaining to appeals submitted from courts of the 1st level in Cyprus.
Composition of Courts
The judicial system in the state of Cyprus is built on the adversarial principle, which means that the judge simply acts as an umpire resolving commercial disputes in the state of Cyprus. No jurors take part in the hearing in the state of Cyprus. Lawsuits submitted to district-based courts will be tried by a sole judge.
There’s basically no specific procedure the parties are required to follow before a trial gets underway in the state of Cyprus. However, they should keep in mind that they might be expected to observe some specific procedural formalities before the trial gets underway.
A trial gets underway once a special order requiring the parties to appear in a court of law gets issued. It specifies all legal details of the case, including the venue where the hearing will take place.
The defendant gets informed of upcoming proceedings by having the above order served upon them. This is usually done by an individual acting in the capacity of a private bailiff.
Typically, parties are not required to exchange evidence before the trial gets underway in the state Cyprus. The sole exception is instances involving parties wishing to obtain written testimony of the witnesses the parties summon and the court issues a specific order requiring the parties to exchange the said written testimonies prior to the trial commencement in the state of Cyprus.
Parties are expected to present whatever evidence they possess (written, oral or physical) once the proceedings get underway.
If they wish to submit supplementary evidence, they may do so by calling upon a witness that possess sufficient expertise and is recognized as an authority in all case-related matters. The said witness must also convincingly demonstrate that their testimony poses vital importance to resolution of their dispute in the state of Cyprus.
To prove their expertise, witnesses may be requested to provide the proper credentials & give an oath that they will testify truthfully and in good faith.
It is a normal practice for courts to hold hearings in public in the state of Cyprus. However, access to all court-related documentation may only be granted to the parties participating in the trial.
Appeals in in the state of Cyprus get filed within a 2-week term after the verdict is handed down or court decision is issued in the state of Cyprus.
Appeals in the state of Cyprus are filed in written form and submitted to a respective court.Typically, appeals are the prerogative of the High Court which decision can’t be appealed with any other courts.
Recognizing verdicts handed down non-eu courts
Verdicts handed down by non-EU courts can only be deemed recognizable and enforceable if they are in line with international agreements the state of Cyprus is a signatory to.
Cypriot legislation has no specific provisions preventing parties from selecting arbitrators for resolving their commercial disputes in Cyprus. However, arbitration agreements they have signed may prevent them from having too many options in this respect.
Cypriot legislation contains no specific deadlines in this regard; however, the parties should keep in mind that there are certain limits for rendering awards.
ADR in the state of Cyprus has 2 primary forms:
Arbitration to which parties mainly resort to when resolving their commercial disputes in the state of Cyprus is the most popular one. Arbitration hearings in the state of Cyprus can be characterized as such that require superficial formality and extreme confidentiality. The verdict handed down by the court is binding on both parties and issued after they have presented sufficient evidence and made their case.
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