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  • Article

    Company Law – Power Of Court To Rectify The Register Of Members Of A Cyprus Company

    It has been held by Cypriot courts (adopting English case law) that the power of court to order the rectification of a register of members of a company, under section 111 of Cyprus Companies Laws CAP 113.
    CyprusCorporate/Commercial Law
    Soteris Pittas & Co L.L.C
    Soteris Pittas & Co L.L.C
  • Article

    Enforcement Of Pledge Under Cyprus Law And The Statutory Obligation Of Pledgee, To Give Notice To Pledgor, For Its Intention To Sell The Pledged Shares

    A pledgee, even if the pledge agreement provides that it can proceed to sell the pledged shares, without any prior notice to the pledgor, is obliged under Section 134 of Contract Law CAP. 149...
    CyprusCorporate/Commercial Law
Soteris Pittas & Co L.L.C
Soteris Pittas & Co L.L.C
  • Article

    English Court Guidance On The Liability Of An Agent – Towards His Principal For Benefits And Assets Acquired During Agency

    In a recent decision of the English Supreme Court inFHR EUROPEAN VENTURES LLP –V- CEDAR CAPITAL HOLDINGS LLC (2015) it has been held that, where an agent acquires a benefit...
    CyprusCorporate/Commercial Law
    Soteris Pittas & Co L.L.C
    Soteris Pittas & Co L.L.C
  • Article

    Clarification On Cross Border Insolvency Which May Be Applied By The Cypriot Courts

    On the 24rth of October 2012 the Supreme Court of the United Kingdom handed a decision on the enforceability of foreign judgments reversing the controversial decision of the Court of Appeal in Rubin v Eurofinance [2010] EWCA Civ 895.
    CyprusInsolvency/Bankruptcy/Re-Structuring
    Soteris Pittas & Co L.L.C
    Soteris Pittas & Co L.L.C
  • Article

    A Decision Of English Court Recognizing An Arbitral Award, Cannot Be Recognised And Enforced In Cyprus

    The only method of enforcement and recognition of the foreign arbitral award in Cyprus, is through the mechanism of New York Convention or by an action on the basis of the foreign arbitral award.
    CyprusLitigation, Mediation & Arbitration
    Soteris Pittas & Co L.L.C
    Soteris Pittas & Co L.L.C
  • Article

    A Norwich Pharmacal Order Is Issued When The Applicant Satisfies The Court That The Information Requested Are Of Vital Importance For The Filing Of The Action Or For Pleading And Proving Its Case And Also That The Applicant Could Not Collect Same From Any Other Source.

    In the case NORDSTAR TOWER –V- RIVERSTRETCH & OTHERS, the district Court of Nicosia held inter alia –(adopting the English case NIKITIN & OTHERS –V- RICHARDS BUTLER LLP & OTHER (2007) All ER 129) that an applicant...
    CyprusLitigation, Mediation & Arbitration
    Soteris Pittas & Co L.L.C
    Soteris Pittas & Co L.L.C
  • Article

    An International Arbitral Award May Be Recognized And Enforced, Either By The Summary Process Stated In The New York Convention, Or At Common Law, By Filing Of A Civil Action Based On The Arbitral Award.

    n the CASE STOCKMAN INTERHOLD –V- ARRICANO TRADING LTD & OTHERS the District Court of Limassol held inter alia (following and adopting English case law) that an international arbitral award may be recognized and enforced.
    CyprusLitigation, Mediation & Arbitration
    Soteris Pittas & Co L.L.C
    Soteris Pittas & Co L.L.C
  • Article

    Aspects To Medical Negligence In Cyprus

    Claims against the hospitals and doctors for medical negligence have risen dramatically following a succession of scandals which have arisen during the past few years affecting the health/endangerment...
    CyprusLitigation, Mediation & Arbitration
    Soteris Pittas & Co L.L.C
    Soteris Pittas & Co L.L.C
  • Article

    Breach Of An Injunction Constitutes Unlawful Means Conspiracy

    In the recent English case JSC BTA BANK -V- KHRAPUNOV (2018), the Supreme Court, held inter alia, that third parties may find themselves exposed to damages for unlawful means conspiracy,
    CyprusLitigation, Mediation & Arbitration
    Soteris Pittas & Co L.L.C
    Soteris Pittas & Co L.L.C
  • Article

    Chabra Injunction And The Test Of "Good Reason To Suppose"

    The Appellate Court, inter alia, decided that the 1st Instant Court applied correctly the test, which was established and developed in English case law, starting with the leading case...
    CyprusLitigation, Mediation & Arbitration
    Soteris Pittas & Co L.L.C
    Soteris Pittas & Co L.L.C
  • Article

    Inherent Jurisdiction Of Cypriot Court To Stay Enforcement Proceedings Of An Arbitral Award

    In the leading Appellate case, Attorney General of The Republic of Kenya -v- Bank Fur Arbeit & Wirtschaft AG (1999), the Supreme Court of Cyprus held inter alia, that Cypriot Courts do have inherent jurisdiction...
    CyprusLitigation, Mediation & Arbitration
    Soteris Pittas & Co L.L.C
    Soteris Pittas & Co L.L.C
  • Article

    Service Of Writ Of Summons To Defendant Foreign Companies, Which Have Cypriot Resident Directors Shall Be Done After Obtaining Leave To Serve Outside The Jurisdiction

    It has been held that the service of a writ of summons to defendant foreign companies whose directors are Cyprus residents, shall be done after obtaining special leave.
    CyprusLitigation, Mediation & Arbitration
    Soteris Pittas & Co L.L.C
    Soteris Pittas & Co L.L.C
  • Article

    The Principle That Courts Do Not Act In Vain

    In a recent appellate case in which our law office acted for the successful party, the Appellate Court dismissed the appeal on, inter alia, the ground that "Courts do not act in vain".
    CyprusLitigation, Mediation & Arbitration
    Soteris Pittas & Co L.L.C
    Soteris Pittas & Co L.L.C
  • Article

    Vacancy Of A Position In The Public Sector Does Not Revive The Previous Announcement Of The Said Position

    n a recent decision in Appeal to a decision of the Administrative Court No. 24/2018, the Supreme Constitutional Court exercising its appellate jurisdiction based on the Transitional provisions Article...
    CyprusLitigation, Mediation & Arbitration
    Soteris Pittas & Co L.L.C
    Soteris Pittas & Co L.L.C
  • Article

    Corporate Measures Undertaken By The Government In Response To COVID-19

    As part of the measures taken by the Cypriot government to support companies/businesses affected by the restrictive measures which have been imposed in order to contain the spread...
    CyprusCoronavirus (COVID-19)
    Soteris Pittas & Co L.L.C
    Soteris Pittas & Co L.L.C
  • Article

    Do You Have A "Change Of Control" In Your Shareholders Agreement?

    In a recent English case, the Court decided that restrictions on shareholders' right to deal with a share shall be clearly stated in pre-emption articles.
    CyprusCorporate/Commercial Law
    Soteris Pittas & Co L.L.C
    Soteris Pittas & Co L.L.C
  • Article

    Do You Have A "Change Of Control" In Your Shareholders Agreement?

    In the recent English case McKillen –v- Misland (Cyprus) Investments Ltd (2012) the Court decided that, a principle applicable to pre-emption articles is that, a right to deal freely with a share, is an important attribute of ownership.
    CyprusCorporate/Commercial Law
    Soteris Pittas & Co L.L.C
    Soteris Pittas & Co L.L.C
  • Article

    An International Arbitral Award Can Not Be Enforced By The Filing Of A Winding Up Petition Without Prior Registration

    In a recent decision of a Cyprus District Court, it has been decided that an international arbitral award, cannot be used as a basis for the filing of a winding up petition, against the respondent company, before same is recognized and registered in Cyprus pursuant to the New York Convention.
    CyprusCorporate/Commercial Law
    Soteris Pittas & Co L.L.C
    Soteris Pittas & Co L.L.C
  • Article

    Announcement By The Department Of Registrar Of Companies And Official Receiver In Relation To The Annual Company Fee

    On the 16th of August 2016, the Department of Registrar of Companies and Official Receiver announced that pursuant to the Law 89 (I) of 2015 which amends the Companies Law Cap. 113, companies that do not pay the annual fee...
    CyprusCorporate/Commercial Law
    Soteris Pittas & Co L.L.C
    Soteris Pittas & Co L.L.C
  • Article

    Do You Have A "Change Of Control" In Your Shareholders Agreement?

    In the recent English case McKillen –v- Misland (Cyprus) Investments Ltd (2012) the Court decided that, a principle applicable to pre-emption articles is that, a right to deal freely with a share, is an important attribute of ownership, and prima facie right of a shareholder, and that the existence and extent of restrictions on transfer such as pre-emption rights, shall be clearly stated.
    CyprusCorporate/Commercial Law
    Soteris Pittas & Co L.L.C
    Soteris Pittas & Co L.L.C
  • Showing 1–20 of 238 results

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