Enforcement of Judgments 2024

Last Updated July 19, 2024

Cyprus

Law and Practice

Authors

George Middleton
Christoforos Iosif
Chrystalla Hadjigeorgiou

Chryssafinis & Polyviou LLC is one of the oldest and most prestigious law firms in Cyprus. Established in 1903, with over a century of experience, the firm has earned an enviable position among the most distinguished litigation firms in the country, capable of handling complex and challenging litigation disputes. Based in Nicosia, Cyprus, the firm represents prestigious organisations, such as local and international banks, financial institutions, investment and insurance companies, hedge funds and petroleum companies. In order to represent clients better, the firm has established a tight network of affiliate law firms in the cities of Limassol, Larnaca and Paphos. The firm currently employs over 70 staff members, around 30 of whom are highly trained and qualified lawyers with various specialisations, such as in administrative law, banking law, company and commercial law (including mergers and acquisitions), competition law, constitutional law, the law of defamation, employment law, insurance law and, of course, litigation.

There are different options to identify another party’s asset position, which differ according to the type of assets.

Real Estate Assets

Typically, a claimant (plaintiff) can conduct a search at the Land Registry Office only once he/she has secured a court judgment against the other party. However, there is a notable exception to this rule:  banking institutions can conduct such searches without first securing a court judgment.

Shares

General searches can be conducted by the general public regarding companies at the Registrar of Companies’ website. However, searches that reveal registered shareholders can be conducted through the Registrar’s website at a (small) fee. Both general and specific searches are conducted online without the need of first securing a court judgment.

It should be noted that searches can only be conducted on a company-by-company basis and cannot be conducted on specific persons/shareholders, and searches do not reveal the ultimate beneficial owners of companies.

Monies Deposited in Banks

Banks will not reveal any amounts deposited with them unless ordered to do so by the court. This is usually done after a court judgment.

The different types of domestic judgments are as follows:

  • final judgment in default of appearance;
  • final judgment in default of defence;
  • interim judgments (freezing orders, prohibitory orders, etc);
  • final judgment for a specific amount;
  • final judgment for specific performance;
  • final declaratory judgment; and
  • final judgment for damages (tort, contract and violation of constitutional/other rights).

There are various ways to enforce a domestic judgment, the most commonly employed of which are outlined below.

Writ of Movables

This is carried out via a court bailiff, who attempts to collect the judgment debtor’s movable assets.

Registering a Charge (Memo) on Property

This is carried out at the Land Registry Office and essentially constitutes a charge on the debtor’s properties. If the asset is sold by the debtor, the proceeds will first be allocated to satisfy the value of the charge (memo), assuming, of course, there are no previous encumbrances/charges on the property. 

Application for an Order to Sell the Property

This is again processed through the Land Registry Office, which can initiate the sale of the property through an auction. This can be pursued when a previously registered encumbrance is registered on the property. In practice, this is very rarely successful.

Winding-Up Petition

Though not strictly an enforcement method, in cases where the debtor is a company, the successful claimant can initiate the winding-up of the company after demanding the judgment amount with the service of a statutory demand. It must be noted that winding-up applications can only be filed if the judgment amount is greater than EUR5,000.

Third-Party Debt Order (Garnishee Order)

This is an order pursued against a third party which owes or is about to transfer a monetary amount to the debtor. This order, if successful, circumvents the debtor entirely and collects the monies from the third party directly.

Moreover, the procedure of the above-mentioned enforcing methods is now governed and provided for by the New Rules of Civil Procedure, specifically by Parts 47–53.

Outlined below are the typical costs involved and the duration it takes to enforce a judgment based on different enforcement measures.

Writ of Movables

This is a speedy and cost-effective enforcement measure. However, it is important to note that the practical execution of these writs often proves to be challenging.

Registering a Charge (Memo) on Property

This is also a speedy and cost-effective measure that can be registered for a small fee as soon as the judgment is issued.

Application to Sell the Property

This can be filed for a small fee as soon as a memo is registered. However, in practice it takes a very long time (if ever) for these applications to be processed and acted upon by the Land Registry Office.

Winding-Up Petition

This is often the most effective measure against companies, especially if the company in question is operational and wishes to remain so but refuses to settle the judgment debt.

The cost depends on whether the winding-up petition will be challenged by the debtor or any other interested party.

Third-Party Debt Order (Garnishee Order)

This is also an effective measure in cases where the successful claimant has knowledge or reasonable suspicion of a third party that owes or is about to transfer a monetary amount to the debtor. This measure is often pursued against banks or tenants of the debtor.

The usual practice is for the judgment creditor to secure an ex parte order preventing the third-party debtor of the judgment debtor to pay the judgment debtor directly and an inter partes application for an order against the third party to effect the payment directly to the judgment creditor. Timing depends on whether the application will be contested by the judgment debtor or third party.

The judgment creditor may apply in court for the financial examination of the judgment debtor, and this procedure may include an order against the judgment debtor to file an affidavit listing all moveable or immovable assets he/she may own.

Real Estate Assets

Typically, a claimant (plaintiff) can only conduct a search at the Land Registry Office only once he/she has secured a court judgment against the other party, with the aim of registering an encumbrance/memo on properties and subsequently an application to sell the property.

Monies Deposited in Banks

Banks will not reveal any amounts deposited with them unless ordered to do so by the court. This is usually done after a court judgment, through the filing of a third-party debt order (garnishee order).

Shares

Searches on companies that aim to establish the company’s shareholders can be conducted prior to the issuance of a final court judgment.

Defendants may seek to challenge the enforcement of domestic judgments in one of the ways outlined below.

In Default of Appearance

The defendant may claim that the proceedings were not properly served on him/her and therefore seek to set aside the judgment. Delay by the defendant in pursuing such an action is a major factor taken into consideration by courts examining such applications to set aside judgments issued by default of appearance.

Judgment by Consent

This may be challenged on the grounds, for example, that the defendant had not authorised their lawyer to accept the judgment. In cases where a consensual judgment was secured, a third party may seek to have the judgment set aside on the basis of an argument of collusion/fraud. 

Stay Pending Appeal

Following a hearing of a case on its merits, the unsuccessful defendant may seek to stay the execution of the judgment pending appeal. This typically requires that the defendant demonstrate that they will be in a position to satisfy the judgment if their appeal is unsuccessful. Defendants are usually required to provide bank (or other) guarantees for the amount of the judgment. Such a stay application may either be filed with the District Court, or with the Appellate Court.

There is no type of judgment that cannot be enforced, other than declaratory judgments which by their nature have no enforcement capacity.

There is no register of domestic judgments, but there is a publicly available database that includes most interim and final judgments.

The legal issues relating to the enforcement of foreign judgments vary according to the jurisdiction in which the judgment was originally issued.

EU Judgments

As the Republic of Cyprus is a member of the EU, EU judgments can be recognised and enforced under the provisions of Regulation (EU) No 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters. It should be noted that recognition is (nearly) automatic, as the successful claimant need only present the EU judgment together with the relevant “certificate” from the court that originally issued the judgment for the judgment to be enlisted in Cyprus.

Russian Federation Judgments

Regarding judgments issued by a court in the Russian Federation, the process is governed by the Treaty between the Republic of Cyprus and the Union of Soviet Socialist Republics on Legal Assistance in Civil and Criminal Matters.

Bilateral Treaties

The Republic of Cyprus has entered, and is in the process of entering into, bilateral treaties with other states regarding the recognition and enforcement of judgments specifically from these states. Where a judgment is issued from a state with which the Republic has a bilateral treaty, the provisions of this treaty will apply.

Hague Convention on the Recognition and Enforcement of Foreign Judgments in Civil and Commercial Matters

On 1 September 2023, the Hague Convention of 2 July 2019 on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters entered into force.

It does not prevent or limit the recognition and enforcement of judgments under national law, bilateral, regional or other international instruments (Articles 15 and 23, with the exception of Article 6). This basically means that it essentially complements the existing instruments for the recognition of judgments.

Common Law

A foreign judgment can alternatively be recognised and enforced at common law. The process involves filing an action based on the foreign judgment.

Other than procedural aspects, the foreign judgment debtor may also invoke the argument of Cypriot public policy.

The procedure and legal requirements that need to be met for the purpose of recognition and enforcement of a foreign judgment vary to a significant extent depending on the country of origin of the foreign judgment, as different legal frameworks apply in each case, as described in 3.1 Legal Issues Concerning Enforcement of Foreign Judgments.

In relation to EU judgments, the relevant EU Regulation 1215/2012 relates to judgments as “Any judgment given by a court or tribunal of an EU member state, whatever the judgment may be called, including a decree, order, decision or writ of execution, as well as the determination of costs or expenses by an officer of the court.”

The Regulation does not seem to extend to revenue, customs or administrative matters or to the liability of the state for acts and omissions in the exercise of state authority (acta iure imperii). In addition, the Regulation does not apply to:

  • the status or legal capacity of natural persons, rights in property arising out of a matrimonial relationship or out of a relationship deemed by the law applicable to such relationship to have comparable effects to marriage;
  • bankruptcy proceedings relating to the winding up of insolvent companies or other legal persons, judicial arrangements, compositions and analogous proceedings;
  • social security;
  • arbitration;
  • maintenance obligations arising from a family relationship, parentage, marriage or affinity; and
  • wills and succession, including maintenance obligations arising by reason of death.

With regard to foreign judgments issued by courts of countries with which Cyprus has entered into bilateral or multinational treaties, the foreign judgments that may be recognised in Cyprus will depend on the provisions of the treaties and usually concern civil or commercial matters (but many also include judgments on matrimonial disputes).

In terms of common law enforcement of foreign judgments, the following requirements must be met for a foreign judgment to be registered and enforced in Cyprus under common law rules:

  • The judgment must be for a definite sum, limited to enforceable monetary judgments.
  • The judgment must be final and conclusive, and not subject to alteration by the issuing court, except where an appeal stays the judgment.
  • The foreign court must have had jurisdiction under Cypriot conflict of law rules to issue the judgment.

This, again, is subject to public policy considerations and adherence to due process, which are explored in other sections.

A foreign judgment will first need to be registered before it can be enforced.

The recognition of foreign (non-EU) judgments from jurisdictions with which the Republic of Cyprus has a bilateral treaty for mutual recognition of judgments is provided for by Law 122(I)/2000, which states that a successful plaintiff seeking to register a foreign judgment has to file an application by summons. The defendant/respondent can proceed with filing an objection, and the court will proceed with issuing its judgment regarding the registration of the judgment.

There is specific legislation regarding commonwealth jurisdictions (CAP 10), which allows the successful plaintiff, within six years of receiving a judgment from a commonwealth jurisdiction, to seek to register this judgment in the Republic of Cyprus through a court application. The defendant has the option to file an application in court to set aside the registration of the judgment.

Once a foreign judgment from any jurisdiction is recognised or registered, the successful claimant can then initiate enforcement measures in the same manner as they would for a domestic judgment.

The time and costs involved in enforcing foreign judgments vary according to the jurisdiction in which the judgment was originally issued and whether the procedure will be contested by the judgment debtor (and in some limited cases, by intervening third parties).

EU Judgments

Since these are nearly automatically recognised, the process to “enlist” the judgment in the Republic is very speedy, with minimal costs involved, barring any fees agreed upon with a law firm.

For the enforcement of a foreign judgment at common law, the court fees will depend on the sum awarded under the foreign judgment or the value of the subject matter of the foreign judgment. These figures are assessed as per the table of fees set out in the Cypriot Civil Procedure Rules. For example, for an amount of EUR2 million or higher, the court stamps/fees are about EUR1,000.

Foreign applicants for recognition and enforcement of foreign judgments may be requested to deposit security for costs if they are not residents of:

  • an EU member state; or
  • countries with which Cyprus has concluded a bilateral treaty for the provision of mutual assistance in civil and criminal matters, which excludes the provision of security for costs for their residents.

For EU judgments covered under the Brussels I Regulation, a declaration of enforceability is obtained ex parte within approximately three to 30 days of the date of filing of the application for recognition and enforcement.

For EU judgments covered by the Recast Brussels Regulation, the European Enforcement Order Regulation and the European Order of Payment Regulation, there is no need to obtain a declaration of enforceability.

For recognition and enforcement under statutes of non-European judgments, the timeframe for obtaining a declaration of enforceability may range from approximately eight to 12 months from the date of filing.

For the enforcement of foreign judgments at common law, the timeframe for adjudication may range from approximately two to five years from the date of filing.

Russian Federation Judgments

The matter is regulated by the Treaty between the Republic of Cyprus and the Union of Soviet Socialist Republics on Legal Assistance in Civil and Criminal Matters (N172/86). The process depends upon the recognition of the judgment via the aforementioned Treaty. According to Article 23, even a foreign judgment for costs can be recognised and enforced automatically. Timeframes will vary depending on whether the judgment creditor files the application directly (if the conditions under the treaty are met) or whether the designated authority files the application.

The recognition of a foreign judgment is the initial step in enforcing it. There are a number of grounds on which a party can resist the recognition of a foreign judgment, including:

  • the judgment is not a judgment to which this part of the law applies, or was registered in contravention of the Law;
  • lack of jurisdiction in the courts of the country of origin;
  • the defendant in the original proceedings did not receive sufficient notice to enable him/her to defend the proceedings and did not appear;
  • the judgment was obtained by fraud;
  • the enforcement is contrary to public policy in the country of the registering court; or
  • the rights under the judgment are not vested in the person who made the application for enforcement.

Cypriot arbitration laws are based on the 1985 UNCITRAL Model Law on International Commercial Arbitration. The grounds for resisting the enforcement of an arbitral award and/or setting it aside mirror the grounds of Article 5 of the New York Convention.

Similar to the registration/recognition of foreign judgments, the recognition of foreign (non-EU) arbitral awards from jurisdictions with which the Republic of Cyprus has a bilateral treaty for mutual recognition of arbitral awards is provided for through Law 122(I)/2000, which states that the successful party seeking to register the arbitral awards has to file an application by summons. The defendant/respondent can proceed with filing an objection, and the court will proceed with issuing its judgment regarding the registration of the judgment. 

Grounds for non-enforceable arbitral awards are provided by Section 36 of Law 101/1987 (International Arbitration Act). According to this law, an arbitral award will be deemed non-enforceable if a court determines that:

  • the subject matter of the dispute is not capable of settlement by arbitration under the law of Cyprus; or
  • the recognition or enforcement of the award is contrary to the public order of Cyprus.

As per Section 21 of the International Arbitration Law, an arbitral award can be enforced, with the permission of the court, in the same way as a judicial decision/judicial order. Generally speaking, courts in Cyprus take a non-intervention, pro-enforcement approach. Once an arbitral award has been awarded, one can expect the execution to take one of the following forms (in relation to monetary claims):

  • seizure and sale of movable property;
  • sale of immovable property or charging immovable property;
  • sequestration of property;
  • attachment of property;
  • ordering the delivery of movable or immovable property;
  • examining the judgment debtor in the court, leading to the issuance of a court order for payment in instalments, or an encumbrance on company shares and stocks; or
  • judgment creditors may also consider applying for the liquidation of companies where the relevant judgment or award registered relates to legal entities registered in Cyprus.

The costs involved typically mirror the costs of enforcing a judicial award and/or decision. Enforcement of both domestic and foreign arbitral awards requires the payment of legal fees, stamp duty and service expenses and the amounts will depend on whether the procedure will be challenged/defended. In cases where the enforcement of the award is permitted, there are also costs in enforcing against the defendant’s assets.

Cyprus Courts can refuse the recognition and registration of an international arbitral award only on the basis of the grounds stipulated in Article V of the New York Convention, as transposed in Law 84/1979, which are the following:

  • incapacity of the parties or invalidity of the arbitration agreement;
  • failure to give proper notice of the appointment of the arbitrator or of the arbitration proceedings to the party against whom the award is made or that a party was otherwise unable to present his/her case;
  • the award deals with a difference not contemplated by or not falling within the terms of the submission to arbitration or it contains decisions on matters beyond the scope of the submission to arbitration;
  • the composition of the arbitral authority or the arbitral procedure was not in accordance with the parties’ agreement, or failing such agreement, was not in accordance with the law of the country where the arbitration took place;
  • the award has not yet become binding on the parties or has been set aside or suspended by a competent authority of the country in which, or under the law of which, that award was made;
  • the subject matter of the dispute is not capable of settlement by arbitration under the law of the forum (Cyprus in this regard); or
  • the recognition or enforcement of the award is contrary to the public order of the forum (Cyprus).
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+357 22 361000

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Trends and Developments


Authors

Ioannis T. Economou
Eleftherios T. Economou

Economou & Co LLC has a dispute resolution team based in Nicosia, Cyprus, consisting of three dedicated professionals. The team specialises in high-stakes litigation and arbitration, including cross-border disputes, fraud, and insolvency proceedings. The team’s recent successes include obtaining a EUR500 million worldwide freezing order for a UAE company, defending a high net worth client in a USD135 million action, and securing a half-billion Euro LCIA arbitral award for a Luxembourg entity. Economou & Co also enforces judgments against online casinos, representing clients from Austria and Germany by targeting assets in Cyprus, a preferred jurisdiction due to its favourable financial and corporate environment. The firm serves some of the world’s leading international law firms, high net worth individuals, banking institutions, and multinational corporations, ensuring top-tier legal support for each of its clients.

Legal Landscape

The legal and regulatory provisions governing the recognition and enforcement of foreign judgments in Cyprus are mainly a combination of various instruments such as bilateral treaties, domestic legislation, and EU regulations.

In addition, the Foreign Judgments (Reciprocal Enforcement) Law (Cap.10), modelled after the corresponding English legislation (the Foreign Judgments (Reciprocal Enforcement) Act 1933), applies to judgments obtained in the courts of the United Kingdom and its dominions. In situations where no bilateral treaty exists between Cyprus and the country in which a foreign judgment originated, the Cypriot courts, by virtue of Section 29(1)(c) of the Courts of Justice Law (14/60), apply common law principles related to the recognition and enforcement of these foreign judgments.

Bilateral and multilateral instruments

Cyprus has concluded bilateral agreements with various non-EU states governing the mutual recognition and enforcement of judgments. Examples of such agreements include:

  • the Agreement between the Republic of Cyprus and the Syrian Arab Republic on Legal Assistance in Civil and Criminal Matters (L160/86, L13(III)/97);
  • the Treaty between the Republic of Cyprus and the Union of Soviet Socialist Republics on Legal Assistance in Civil and Criminal Matters (L172/86); this treaty is still applicable with regard to Russia, Georgia and Belarus;
  • the Agreement between the Republic of Cyprus and the Arab Republic of Egypt on Judicial and Legal Assistance in Civil and Criminal Matters (L32(III)/92, L14(III)/96);
  • the Treaty between the Republic of Cyprus and the People’s Republic of China on Judicial Assistance in Civil, Commercial and Criminal Matters (L19(III)/95);
  • the Agreement between the Republic of Cyprus and the Great Socialist People’s Libyan Arab Jamahiriya on Legal Assistance in Civil, Commercial and Criminal Matters (L32(III)/2005);
  • the Agreement between the Republic of Cyprus and Ukraine on Legal Assistance in Civil Matters (L8(III)/2005); and
  • the Agreement for Cooperation in the Legal Field between the Government of the Republic of Cyprus and the Government of State of Qatar (L16(III)/2019).

EU Regulation 1215/2012

The process of recognising and enforcing judgments between EU member states has been streamlined since the implementation of Regulation (EU) No 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (the “EU Regulation 1215/2012”). This regulation facilitates the recognition and enforcement of judgments related to civil and commercial matters across the European Union, eliminating the need for any additional declaration of enforceability (exequatur). As a result, a judgment passed in one EU member state is almost automatically recognised in all other EU member states, removing significant administrative hurdles and leading to smoother cross-border administration of justice.

Furthermore, the European Payment Order (EPO), established by EU Regulation 1896/2006, facilitates the collection of uncontested monetary claims in civil and commercial matters across EU member states, with the exception of Denmark. An EPO issued by a court in one member state is automatically recognised and directly enforceable in any other member state without the need for a declaration of enforceability. The EPO procedure is different from the European Small Claims Procedure, which simplifies and speeds up litigation concerning small claims in civil and commercial matters.

Conditions for Enforcement

EU member states

Judgments issued by the courts of EU member states are recognised and enforced pursuant to the provisions of EU Regulation 1215/2012.  Notably, the term “judgment” includes provisional and protective measures but does not include those ordered without the defendant being summoned unless the judgment is served on the defendant prior to enforcement.

The EU Regulation 1215/2012 does not apply to:

  • revenue, customs, or administrative matters;
  • state liability for acts and omissions in the exercise of state authority;
  • status or legal capacity of natural persons, rights in property arising from a matrimonial relationship or similar relationships;
  • bankruptcy proceedings and similar processes;
  • social security;
  • arbitration;
  • maintenance obligations arising from family relationships, parentage, marriage, or affinity; or
  • wills and succession, including maintenance obligations arising by reason of death.

United Kingdom

Post-Brexit, judgments issued by the courts of the United Kingdom are recognised and enforced pursuant to the Foreign Judgments (Reciprocal Enforcement) Law (CAP.10). The term “judgment” encompasses a monetary judgment or order given by a court in any civil or criminal proceedings. The judgment must be final and conclusive and amenable to execution in the country of origin. A judgment will be deemed final and conclusive notwithstanding that an appeal may be pending.

As a member of the EU, Cyprus is also bound by the Convention of 2 July 2019 on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters of 2019 (the “Hague Convention”) (to which the European Union acceded in July 2022).

The Hague Convention, which entered into force on 1 September 2023, aims to reduce costs, promote access to justice, facilitate trade, and manage transaction and litigation risks. It applies to civil and commercial judgments, excluding certain matters like family law, insolvency, privacy, intellectual property, and specific antitrust issues. Very recently, the UK has also ratified the Hague Convention (effective 1 July 2025) which will apply to civil and commercial judgments from the Courts of England and Wales. This development represents a significant step forward in international legal co-operation, providing clarity and predictability for cross-border enforcement of judgments.

Russia, Georgia, and Belarus

Judgments issued by courts of Russia, Georgia, and Belarus are recognised and enforced pursuant to the Treaty between the Republic of Cyprus and the Union of Soviet Socialist Republics on Legal Assistance in Civil and Criminal Matters (L172/86). According to Article 23 of the treaty, judgments amenable to enforcement include:

  • judgments rendered in civil matters and amicable settlements approved by court;
  • judgments for the payment of legal costs; and
  • judgments in criminal matters concerning the payment of damages and other civil law claims.

Some indicative requirements for the recognition and enforcement of a judgment issued in these states include (i) the judgment being final and enforceable under the law of the contracting state; (ii) proper notification to parties; (iii) jurisdiction of the issuing court; and (iv) absence of prior final judgments on the same matter.

Ukraine

Judgments issued by the courts of Ukraine are recognised and enforced pursuant to the Agreement between the Republic of Cyprus and Ukraine on Legal Assistance in Civil Matters (L8(III)/2005). The term judgment includes judgments rendered in civil matters (including family matters and amicable settlements approved by court) and judgments in criminal matters concerning damages.

Such judgments will be recognised and enforced provided they meet conditions such as (i) finality and enforceability; (ii) proper notification; (iii) absence of conflicting final judgments; (iv) compliance with public order; and (v) jurisdiction of the issuing court.

Procedure for Recognition and Enforcement

The formal process for recognition and enforcement depends on the statute that applies in the individual case. In other words, the process varies according to which instrument or statute is applicable.

  • EU Regulation 1215/2012: Recognition and enforcement of an EU judgment requires no special procedure. A judgment creditor may register an EU judgment by addressing a letter to the registrar of the competent district court. Once registered, the judgment may be enforced as if issued by a Cyprus court.
  • Cyprus statutory regime: For foreign judgments originating from states with bilateral treaties (excluding EU member states), the Decisions of Foreign Courts (Recognition, Registration, and Enforcement) Law (L.121(I)/2000) governs the process. An application by summons, supported by an affidavit, must include a certified copy of the judgment, a Greek translation, and a legal opinion on the judgment’s finality and enforceability.
  • CAP.10: The recognition procedure under this law involves an ex parte application within six years of the judgment or last appeal. The application must be accompanied by an affidavit with certified copies and translations of the judgment, and statements confirming the enforceability and satisfaction status.
  • Common law: If a foreign judgment does not fall under bilateral treaties or statutory laws, it may be enforced under common law, treating it as a debt.  This method of enforcement requires an action being filed for the amount of the judgment debt and costs, with the possibility to seek summary judgment against the defendant.

Injunctive Relief

In the course of proceedings for the recognition and enforcement of foreign judgments, whether under the statutory regime or at common law, the judgment creditor has the option of seeking the following interim relief on an urgent basis (subject to fulfilling the relevant conditions set out in Section 32 of the Courts of Justice Law (14/60) and Section 9 of the Civil Procedure Law, Cap 6):

  • a freezing injunction in relation to assets held by the judgment debtor to prevent them from being dissipated while the recognition proceedings are pending;
  • a Chabra injunction in relation to assets beneficially owned by the judgment debtor but held in the name of third parties, ensuring the preservation of such assets;
  • the appointment of an interim receiver, aimed at preserving the assets blocked by an injunction and safeguarding them during the proceedings; and
  • Norwich Pharmacal orders and gagging orders compelling any third parties, such as banks or service providers, to disclose relevant information and documents to aid the claimant in tracing assets and identifying other wrongdoers. A gagging order prevents the respondent from informing any third party (including wrongdoers) of the pendency of the proceedings, in order to enable the claimant to get the information and documents that it requires.

Defences to Recognition and Enforcement

The grounds on which the recognition and enforcement of a foreign judgment can be challenged are generally limited.

EU Regulation 1215/2012

The recognition and enforcement of a judgment issued by a court of an EU member state may be challenged on any of the following grounds (this list is not exhaustive):

  • Recognition would be manifestly contrary to public policy in the member state addressed.
  • The judgment was given in default of appearance, if the defendant was not served with the document that instituted the proceedings or with an equivalent document in sufficient time and in such a way as to enable it to arrange for its defence, unless the defendant failed to commence proceedings to challenge the judgment when it was possible for it to do so.
  • The judgment is irreconcilable with a judgment given between the same parties in the member state addressed.
  • The judgment is irreconcilable with an earlier judgment given in another member state or in a third state involving the same cause of action and between the same parties, provided that the earlier judgment fulfils the conditions necessary for its recognition in the member state addressed.

In addition, the grounds for refusal or suspension of enforcement under the law of the member state addressed will apply insofar as they are not incompatible with the grounds referred to in Article 45 of EU Regulation 1215/2012.

UK

As regards judgments issued by UK courts, the Foreign Judgments (Reciprocal Enforcement) Law provides that the only discretionary factor which may lead to the Cypriot court to decline to recognise a judgment is if:

  • the matter in dispute in the judgment whose recognition is sought was previously decided by another court with jurisdiction in the matter; and
  • the matter in dispute thus was finally and conclusively decided by the other court before the issuance of the judgment whose recognition is sought in Cyprus.

Moreover, the registration will be set aside if:

  • the judgment was registered in contravention of the Foreign Judgments (Reciprocal Enforcement) Law;
  • the courts of the country of the original court had no jurisdiction;
  • the judgment debtor did not (notwithstanding that process may have been duly served on it in accordance with the law of the country of the original court) receive notice to enable it to defend the proceedings and did not appear;
  • the judgment was obtained by fraud;
  • enforcement of the judgment would be contrary to public policy in the country of the registering court; or
  • the rights under the judgment are not vested in the person by whom the application for registration was made.

Domestic Judgments

A domestic judgment is generally enforceable as soon as it is issued, unless specified otherwise. The filing of an appeal against it does not in itself suspend or stay enforcement unless an application for stay of execution is filed by the judgment debtor to that effect.

Procedure for enforcement

The enforcement of a judgment is usually carried out by the lawyer who handled the case before the court, who proceeds by one of the methods of enforcement mentioned below. In certain methods, an application to court is required. Enforcement is carried out mainly through the judicial bailiffs, who are permanent staff of the courts.

The debtor, as well as any third party, is obliged to comply with the decision ordering the enforcement measure. If the debtor refuses or fails to perform the actions ordered to be performed by the order imposing the enforcement measures, proceedings may be brought against him/her for imprisonment for contempt of court. For example, a bank which is served with a writ of attachment in favour of a third party shall be obliged to freeze the relevant account unless it has reason to contest it. In this case, it must appear before the court that issued it and show cause why this should not be the case.

Methods of enforcement

A domestic judgment can be enforced in Cyprus through:

  • a garnishee order to seize assets of the judgment debtor in the hands of a third party;
  • a writ of execution for the sale of movables, which may be issued following a request by the judgment creditor to the registrar of the competent district court;
  • a writ for the sale of immovable property or registration of a charging order over the assets of the judgment debtor, which requires a by summons application to the court pursuant to Part V of the Civil Procedure Law, Cap.6;
  • a writ of possession, which requires an ex-parte application to the court filed by the judgment creditor accompanied by an affidavit in the form of Form No. 96 of the Civil Procedure Rules;
  • a writ of sequestration of immovable property;
  • the encumbrance of immovable property by the registration thereon of the judgment (MEMO);
  • an order to the judgment debtor to make monthly payments over the judgment debt;
  • the commencement of bankruptcy or liquidation proceedings (not an enforcement method per se but commonly used when the judgment debtor is a Cyprus company, and the judgment debt amount exceeds EUR5,000); or
  • injunctions encumbering the interest of the judgment debtor on shares and other stock owned (charging orders).

Arbitral Awards

The recognition and enforcement of arbitral awards in Cyprus is governed by a framework of two important pieces of legislation.

As a signatory to the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the “New York Convention”), Cyprus has adopted Ratifying Law on the Convention on the Recognition and Enforcement of Foreign Arbitral Awards of 1979 (Law 84/1979), which has effectively transposed the provisions of the New York Convention into domestic legislation.

The second piece of legislation is the International Commercial Arbitration Law of 1987 (Law 101/1987), which is modelled after the UNCITRAL Model Law. Pursuant to Law 101/1987, international commercial arbitral awards can be recognised and registered regardless of the country that issued them.

Procedure for enforcement of arbitral awards

The recognition and enforcement of foreign (non-EU) arbitral awards from jurisdictions with which Cyprus has a bilateral treaty for mutual recognition are governed by Law 121(I)/2000. The party seeking to register the arbitral award must file an application by summons. The respondent can file an objection, and the court will then issue its judgment regarding the registration of the award. Section 36 of Law 101/1987 outlines the grounds on which an arbitral award may be deemed non-enforceable. These include:

  • The subject matter of the dispute is not arbitrable under Cypriot law.
  • The recognition or enforcement of the award would be contrary to the public policy of Cyprus.

According to Section 21 of Law 101/1987, an arbitral award can be enforced with the court’s permission, in the same manner as a judicial decision or order. Generally, Cypriot courts adopt a pro-enforcement stance. The execution of an arbitral award for monetary claims may involve:

  • seizure and sale of movable property;
  • sale or charging of immovable property;
  • sequestration or attachment of property;
  • delivery orders for movable or immovable property;
  • examination of the judgment debtor in court; and/or
  • filing of a winding-up petition related to the judgment debt.

Refusal of recognition

A Cyprus court can refuse the recognition and registration of an international arbitral award only on the basis of the grounds stipulated in Article V of the New York Convention, as transposed in Law 84/1979, which are the following:

  • incapacity of the parties or invalidity of the arbitration agreement;
  • failure to give proper notice of the appointment of the arbitrator or of the arbitration proceedings to the party against whom the award is invoked or that a party was otherwise unable to present his/her case;
  • the award concerns a dispute not contemplated by or not falling within the scope of the arbitration agreement;
  • the composition of the tribunal or the arbitral procedure was not according to the parties’ agreement or failing such agreement, was not according to the law of the country where the arbitration took place; or
  • the award has not yet become binding on the parties or has been set aside or suspended by a competent authority of the country in which, or under the law of which, that award was made.

Economou & Co LLC’s Commentary

Cyprus plays a crucial role in the international legal landscape, particularly in the enforcement of foreign judgments and arbitral awards. At Economou & Co LLC, we understand the significance of this jurisdiction’s legal framework and aim to provide clarity on its various aspects.

Cypriot law incorporates multiple instruments to facilitate the recognition and enforcement of foreign judgments. The Foreign Judgments (Reciprocal Enforcement) Law (Cap.10), modelled after the English legislation, allows for the enforcement of judgments from the UK and its dominions. Additionally, in the absence of a bilateral treaty, Cypriot courts apply common law principles as stipulated by Section 29(1)(c) of the Courts of Justice Law (14/60).

The numerous bilateral agreements Cyprus has with non-EU states, such as Syria, Russia, Egypt, China, Libya, Ukraine, and Qatar, demonstrate a strong commitment to international co-operation in legal matters. These treaties ensure that judgments can be recognised and enforced across borders, providing a reliable legal environment for international parties.

For EU member states, Regulation (EU) No 1215/2012 has streamlined the process, enabling the almost automatic recognition and enforcement of judgments. This regulation eliminates the need for additional declarations of enforceability, making cross-border legal proceedings more efficient. Similarly, the European Payment Order (EPO) established by EU Regulation 1896/2006, facilitates the collection of uncontested claims within the EU.

In the realm of arbitration, Cyprus adheres to the principles of the New York Convention, as reflected in its domestic legislation. The International Commercial Arbitration Law of 1987 (Law 101/1987) ensures that international arbitral awards are recognised and enforced, provided they meet specific legal criteria.

The recent implementation of the Hague Convention on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters further strengthens Cyprus’s position in the international legal arena. This convention, effective from September 2023, is expected to enhance legal predictability and reduce litigation costs, promoting smoother international transactions.

In conclusion, the enforcement of foreign judgments and arbitral awards in Cyprus is underpinned by a robust legal framework that integrates national laws, bilateral treaties, and EU regulations. At Economou & Co LLC, we are dedicated to guiding our clients through this complex landscape, ensuring that their legal matters are handled with the utmost diligence and expertise.

Economou & Co LLC

Stasikratous 20
2nd floor
1065
Nicosia
Cyprus

+357 2226 0064

info@economoulegal.com economoulegal.com/
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Law and Practice

Authors

George Middleton
Christoforos Iosif
Chrystalla Hadjigeorgiou

Chryssafinis & Polyviou LLC is one of the oldest and most prestigious law firms in Cyprus. Established in 1903, with over a century of experience, the firm has earned an enviable position among the most distinguished litigation firms in the country, capable of handling complex and challenging litigation disputes. Based in Nicosia, Cyprus, the firm represents prestigious organisations, such as local and international banks, financial institutions, investment and insurance companies, hedge funds and petroleum companies. In order to represent clients better, the firm has established a tight network of affiliate law firms in the cities of Limassol, Larnaca and Paphos. The firm currently employs over 70 staff members, around 30 of whom are highly trained and qualified lawyers with various specialisations, such as in administrative law, banking law, company and commercial law (including mergers and acquisitions), competition law, constitutional law, the law of defamation, employment law, insurance law and, of course, litigation.

Trends and Developments

Authors

Ioannis T. Economou
Eleftherios T. Economou

Economou & Co LLC has a dispute resolution team based in Nicosia, Cyprus, consisting of three dedicated professionals. The team specialises in high-stakes litigation and arbitration, including cross-border disputes, fraud, and insolvency proceedings. The team’s recent successes include obtaining a EUR500 million worldwide freezing order for a UAE company, defending a high net worth client in a USD135 million action, and securing a half-billion Euro LCIA arbitral award for a Luxembourg entity. Economou & Co also enforces judgments against online casinos, representing clients from Austria and Germany by targeting assets in Cyprus, a preferred jurisdiction due to its favourable financial and corporate environment. The firm serves some of the world’s leading international law firms, high net worth individuals, banking institutions, and multinational corporations, ensuring top-tier legal support for each of its clients.

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