COURT PRACTICE

The Cyprus Arbitration Forum

The intervention of the Cyprus Courts as regards to Arbitration can occur in the following instances:
 

(a) Intervention in arbitration where the seat is in Cyprus namely since as per the International Commercial Arbitration Law 101/1987 there is an explicit reference to certain circumstances in which court involvement can occur. These circumstances relate to the appointment of an arbitrator if one of the parties or the party- appointed arbitrators fail to do so, the dismissal of a challenge against an arbitrator by the arbitral tribunal shall be dealt with the court and the court may review a ruling of the Tribunal that it has jurisdiction to deal with the matter before it.
 

(b) After the delivery of an arbitral award the Cyprus Courts can set aside an award or refuse recognition or enforcement of an award on grounds stipulated under the New York Convention 1958 and moreover on the grounds of incapacity of the parties, invalidity of the arbitration agreement and lack of jurisdiction of the tribunal.

 

(c) In domestic arbitrations the Court upon the application of any party to an arbitration proceeding has jurisdiction to issue amongst others an order for the discovery of documents, an order presenting evidence via an affidavit, an order for the inspection of any property which was the subject of the reference to arbitration and a Subpoena ordering a person to appear before the arbitrators and to give evidence or produce documents.


Arbitration Institutions in Cyprus

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