Disputes in Cyprus are mainly resolved in litigation proceedings by the courts. Provided all statutory and case law requirements are met, Cyprus courts have jurisdiction to grant interim orders and injunctions, with international effect.
In particular they have jurisdiction to issue interim orders in support or in aid of:
- Judicial proceedings pending before Cyprus Courts;
- Arbitration proceedings pending in Cyprus;
- Judicial proceedings pending before national courts of a EU Member State (exceptions apply);
- International Commercial arbitration proceedings to be filed or pending in any State (EU and non-EU)
Interim orders can be issued if the court is convinced that (a) there is a serious issue to be tried; (b) the applicant has a chance of success in his claim; and (c) it will be difficult or impossible to do justice at a later stage if the interim order is not granted.
Interim orders can be issued ex parte (without the other side receiving notice) if it is urgent or other special circumstances justify it.
Depending on the nature of relief sought, a Cyprus grant any of the following interim relief orders:
- freezing orders, “Mareva injunctions“, are prohibitory injunctions to restrain the dealing of assets, to ensure that they are not dissipated before judgment;
- disclosure and tracing orders, “Norwich Pharmacal orders“, identify wrongdoers and the current location of alienated assets, if unknown;
- search and seizure orders, “Anton Piller orders“, are mandatory injunctions to prevent the destruction of evidence.
- Garnishee Orders, “Chabra Orders”, are injunctions issued against a defendant other than the main defendant, where there are reasonable grounds to believe that they are in possession or control of assets to which the defendant is beneficially entitled to;
- appointment of a receiver, to preserve an asset that may be taken away or alienated, including appointing a receiver in a company with specific powers in exceptional situations;
- anti-suit injunctions preventing a party from taking steps in other jurisdictions, in cross-border claims and in exceptional cases;
- interim relief to support foreign proceedings and
- other mandatory or prohibitive orders orders where appropriate.
