Recognition and Enforcement of Foreign Judgments and Foreign Arbitral Awards in Cyprus 1. Introduction This article deals with the process of recognition and enforcement of foreign judgments and foreign arbitral awards in Cyprus. The article firstly, focuses on the enforcement of foreign judgments under the provisions of the Regulation (EC) No. 44/2001 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters and Regulation (EC) No. 805/2004 creating a European Enforcement Order for uncontested claims. The article will then go on to discuss the Cypriot Law No. 121(1)/2000 that specifically describes the procedure to be followed for recognition and enforcement of foreign judgments in Cyprus. Finally, the article will discuss the procedure for recognising and enforcing foreign arbitral awards in Cyprus under the Cypriot Law No. 101/1979 on International Arbitration in Commercial Matters and the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards of the United Nations of 1958. 2. European Legislation on enforcement and recognition of foreign judgments The Republic of Cyprus acceded to the European Union on 1st May 2004 and is therefore bound by EC Regulations No. 44/2001 and No. 805/2004. No measures are required nor have been taken, to implement the said EC Regulations in the national law, since they are considered as binding law for all the Member States.

By introducing the two Regulations the European Union aims to ensure mutual trust in the administration of justice within its boundaries and to make the recognition of judgments from one Member State to the other automatic, without any intermediate procedure. a. Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters Under EC Regulation No. 44/2001, judgments given in a Member State, which are enforceable in that Member State, can be enforced in another Member State once they are declared enforceable there, on an application by anybody who has an interest in the matter, without any special procedure being required1. This is subject to the exception of Denmark that did not adopt the Regulation and is therefore not bound by it 2. The said Regulation applies to court judgments or orders but not to arbitration3. The definition of judgment is given in Article 32 as follows: “any judgment given by a court or tribunal of a 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”.

Pursuant to Article 39 of the said Regulation, such an application should be made to the Court or competent authority indicated in the list in Annex II. The relevant Cypriot Court is the “Επαρχιακό Δικαστήριο” (District Court) or in the case of a maintenance judgment the “Οικογενειακό Δικαστήριο” (Family Court)4. The local jurisdiction shall be 1

Articles 33 and 38 of Regulation (EC) No. 44/2001 Article 21 of Preamble of Regulation (EC) No. 44/2001 3 Article 1(2)(d) of Regulation (EC) No. 44/2001 4 Act concerning the conditions of accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic and the adjustments to the Treaties on which the European Union is founded - Annex II: List referred to in Article 20 of the Act of Accession - 18. Cooperation in the fields of justice and home affairs - A. Judicial cooperation in civil and commercial matters 2

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determined on the basis of the place of domicile of the party against whom the enforcement is sought, or of the place of enforcement. The procedure for making the application is governed by the law of the Member State in which enforcement is sought5. In Cyprus such an application is made by summons and is accompanied by an affidavit. Pursuant to Article 53, certain formalities need to be fulfilled before the declaration of enforceability is made. The party seeking recognition or applying for a declaration of enforceability must produce a copy of the judgment which satisfies the conditions necessary to establish its authenticity and shall also produce the Certificate using the standard form in Annex V to the Regulation6. The certificate should set out: i.

the Member State of origin;

ii.

the Court or competent authority issuing the Certificate;

iii.

the Court which delivered the judgment or approved the Court settlement;

iv.

details of the judgment or the Court settlement including the date it was given,

v.

its reference number;

vi.

the parties to the judgment or the Court settlement;

vii.

the name of the Plaintiff, the name of the Defendant, the names of any other parties, if any;

viii.

where the judgment was given in default of appearance, the date of service of the document instituting the proceedings;

ix.

the text of the judgment or the Court settlement;

x.

the names of the parties to whom legal aid has been granted.

The Certificate is provided by the court officials in the Member State in which the judgment was given.

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Article 40 of Regulation (EC) No. 44/2001 Article 54 of Regulation (EC) No. 44/2001

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Once the formalities under Article 53 are complied with, the foreign judgment is declared enforceable immediately7. It is then placed on the same footing as judgments of the Cypriot courts and takes effect as such. A party seeking an order for enforcement can apply to the Court for provisional or protective measures in accordance with Article 31. Such a measure would be an injunction freezing the assets of the party against whom enforcement is sought, if these are within the jurisdiction of the Cypriot courts. The court can refuse to grant the protective measures sought, if it holds that it does not have jurisdiction in relation to the subject matter of the proceedings. Pursuant to Article 34, the court may refuse the judgment’s recognition and enforcement on the following grounds: a) if the judgment is contrary to the public policy of Cyprus b) where the judgment was given in default of appearance, if the Defendant was not served with the document instituting proceedings in good time or in a manner as to enable him to prepare his/her defence c) if the judgment is irreconcilable with an earlier judgment of the Cypriot courts between the same parties d) if recognition will be irreconcilable with an earlier judgment given in another Member State or in a third State between the same parties regarding the same cause of action It is very important to note here that a foreign judgment cannot be reviewed as to its substance8. Therefore, the Cypriot court will either accept or refuse the judgment’s recognition and enforcement, without interfering with the substance of the judgment. On application of the interested party and following the examination of the relevant documents attached to the application, the relevant District Court (or the relevant Family Court in maintenance cases), issues the declaration of enforceability. The declaration of 7 8

Article 41 of Regulation (EC) No. 44/2001 Article 36 of Regulation (EC) No. 44/2001

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enforceability must be served on the party against whom enforcement is sought accompanied by the judgment, if not already served on that party9. Under Article 43, a Defendant has the right to appeal against the order of the District Court to the Cypriot Supreme Court within one month of the service of the notice of enforcement. The period expands to two months if the Defendant is domiciled in a Member State other than Cyprus. Domicile for an individual is defined as the place where he/she ordinarily resides and for a company it is where that company ordinarily carries out its business. If an appeal against the declaration of enforceability is not lodged within one month (or two months, if the Defendant is not domiciled in Cyprus) of service thereof, the enforceability becomes final and execution can begin. Under Article 46, the Court with which an appeal has been lodged under Article 43 may stay the proceedings if an ordinary appeal has been lodged against the judgment in the Member State of origin. All the methods of execution of Cypriot court judgments are available for the execution of enforceable foreign judgments under this Regulation.

b. Council Regulation (EC) No 805/2004 of the European Parliament and of the Council of 21 April 2004 creating a European Enforcement Order for uncontested claims

On April 21 2004, the Regulation creating a European Enforcement Order (“EEO”) for uncontested claims was published in the European Community Official Journal.

Article 1 of the Regulation provides that “the purpose of this Regulation is to create a 9

Article 42 of Regulation (EC) No. 44/2001

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European Enforcement Order for uncontested claims to permit (…) the free circulation of judgments, court settlements and authentic instruments throughout all Member States without any intermediate proceedings needing to be brought in the Member State of enforcement prior to recognition and enforcement” .

The EEO is a title issued by the courts of the Member State where a judgment was delivered, a settlement agreement concluded or an authentic instrument drawn up and it concerns a claim for the payment of a specific sum of money that has fallen due. Similarly to Regulation 44/2001, all the Member States with the exception of Denmark are bound by this Regulation which is applicable since 21 October 200510. This Regulation offers significant advantages when compared with the exequatur procedure provided for in EC No. 44/2001.

It accelerates and simplifies access to

enforcement in a Member State by abolishing the exequatur i.e. by enforcing the automatic recognition and enforcement and dispensing with any intermediate measures to be taken prior to enforcement in the Member State in which enforcement is sought. Thus, there is no need to obtain a declaration of enforceability of the EEO in the second Member State and there is no possibility of opposing its recognition, saving time and expense11. Creditors have the choice to apply for a EEO for uncontested claims under this Regulation. However, they remain free to seek recognition and enforcement of a judgment under EC No. 44/200112. According to Article 2(1), the Regulation applies in civil and commercial uncontested claims but does not extend to revenue, customs or administrative matters or to the status or legal capacity of natural persons, or to any liability of the State for acts and omissions

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Article 25 of Preamble of Regulation (EC) No. 805/2004 Article 5 of of Regulation (EC) No. 805/2004 12 Article 20 of Preamble of Regulation (EC) No. 805/2004 11

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in the exercise of State authority. Additionally, the Regulation specifically excludes application to Arbitration13. EEO is exclusively intended for uncontested claims. An “uncontested claim” is defined in Article 3(1) of the Regulation as follows: “(a) the debtor has expressly agreed to it by admission or by means of a settlement which has been approved by a court or concluded before a court in the course of proceedings; or (b) the debtor has never objected to it, in compliance with the relevant procedural requirements under the law of the Member State of origin, in the course of the court proceedings; or (c) the debtor has not appeared or been represented at a court hearing regarding that claim after having initially objected to the claim in the course of the court proceedings, provided that such conduct amounts to a tacit admission of the claim or of the facts alleged by the creditor under the law of the Member State of origin; or (d) the debtor has expressly agreed to it in an authentic instrument”. In the absence of an express consent by the debtor under subsections 3(1)(a) or 3(1)(d), the claim is presumed to be uncontested if the debtor failed to object to it under 3(1(b) or has not appeared or was not represented at a court hearing after an initial objection in the course of court proceedings under 3(1)(c).

The latter provisions are subject to criticism. Firstly, the expression “at a court hearing regarding that claim” is vague. Imagine a situation where the debtor was involved in the proceedings and filed submissions but did not appear at the hearings. Does that mean that he consented to the claim? This would unlikely be acceptable. Moreover, further issues arise in respect of the law of the Member State of origin and whether that law allows determining when the behaviour of the debtor amounts to an implied recognition of the 13

Article 2(2)(d) of Regulation (EC) No. 805/2004

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claim.

The automatic recognition and enforcement is allowed once a certificate is issued by the court of origin, following an application at any time. The judge that issues the certificate could be the same as the one that issued the initial judgment. Arguably, this is a drawback of the Regulation which should have imposed a separation of such functions in an attempt to secure the court’s impartiality. The requirements that must be fulfilled before the court that deals with the judgment on an uncontested claim certifies it as a EEO are provided under Article 6(1) as follows: “(a) the judgment is enforceable in the Member State of origin; and (b) the judgment does not conflict with the rules on jurisdiction as laid down in sections 3 and 6 of Chapter II of Regulation (EC) No 44/2001; and (c) the court proceedings in the Member State of origin met the requirements as set out in Chapter III where a claim is uncontested within the meaning of Article 3(1)(b) or (c); and (d) the judgment was given in the Member State of the debtor's domicile within the meaning of Article 59 of Regulation (EC) No 44/2001, in cases where: - a claim is uncontested within the meaning of Article 3(1)(b) or (c); and - it relates to a contract concluded by a person, the consumer, for a purpose which can be regarded as being outside his trade or profession; and - the debtor is the consumer”. Pursuant to Article 7, when the judgment includes an enforceable decision on the amount of costs related to the court proceedings, including interest rates, the judgment is certified as a EEO with regard to such costs, save for when the debtor specifically objects to bear such costs. 8

Additionally, it is also possible to apply for and obtain a partial EEO certificate, if only parts of the judgment meet the requirements of the Regulation 14. One can envisage the type of situations this provision is intended to apply to. It may apply to a situation where the court has settled beyond what was claimed by the creditor or to a situation where the defendant has only contested to part of the creditor’s claim15.

The Regulation lays down minimum standards with regard to the service of documents instituting the proceedings that must be fulfilled, to ensure that the debtor is informed about the court action against him so that he/she can contest the claim16. The methods of service are contained within Articles 13 and 14 of the Regulation and only these methods are allowed, if the judgment is to be certified as a EEO. The method of service provided in Article 13 is characterised by full certainty that the document served has reached its addressee, since there must be an acknowledgement of receipt by the debtor, whether the service was personal, postal or by electronic means. Under Article 14 there must be a very high degree of likelihood 17 that the document has reached its addressee but there is no need for proof of receipt by the debtor. Besides, the Regulation does not oblige the Member States to adapt their national legislations to the minimum standards set out in the Regulation. It only provides an incentive, by creating a more efficient and speedy enforceability of judgments in other Member States only if those minimum standards are met18. The debtor must be duly informed about the claim. To ensure that, Article 16 provides that the document instituting the proceedings must contain the following: 14

Article 8 of Regulation 805/2004

15

Alexis Mourre, A. and Lahlou, Y. (2004)

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Article 12 of Preamble of Regulation (EC) No. 805/2004 Article 14 of the Preamble of Regulation (EC) No. 805/2004 18 Article 19 of the Preamble of Regulation (EC) No. 805/2004 17

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“(a) the names and the addresses of the parties; (b) the amount of the claim; (c) if interest on the claim is sought, the interest rate and the period for which interest is sought unless statutory interest is automatically added to the principal under the law of the Member State of origin; (d) a statement of the reason for the claim”. Additionally, under Article 17, the document instituting the proceedings must also inform the debtor about the procedural steps necessary to contest the claim or the time for the court hearing, as applicable, and the requirements to comply with to ensure adequate representation by a lawyer. Furthermore, the debtor must be informed about the consequences of a failure to object or of a default appearance.

However, the Regulation allows the creditor to obtain a EEO even if he/she did not comply with the said requirements. Thus even if the minimum rules on service were not complied with, the creditor may cure such failure under Article 19 in two ways. Firstly, if the creditor duly served the judgment on the debtor according to Articles 13 and 14 and the debtor could have challenged the judgment by means of a full review and he/she was duly informed about the procedural requirements for such a challenge but he/she has nevertheless failed to challenge the judgment. Secondly, if the requirements under Articles 13 and 14 were not complied with, but it is proved by the debtor’s conduct in the court proceedings that he has personally received the document instituting proceedings in sufficient time to arrange for his defence.

The second provision is rather peculiar because if the debtor attends the hearing, then it is necessarily implied that he received the document instituting proceedings. The provision probably aims to prevent a debtor who appeared at the initial proceedings to argue at the enforcement stage that he/she received the document instituting the proceedings too late,

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if he/she failed to raise that argument earlier.

Pursuant to Article 19, the courts of the Member State of origin can certify judgments as EEOs if the substantial law of that Member State allowed the debtor to apply for a review of the judgment. This arises in two situations. Firstly, if the document instituting proceedings or the summons to a court hearing was served by one of the methods provided for in Article 14 and that service was not effected in sufficient time as to enable the debtor to arrange for his/her defence, without any fault on his/her part. Secondly, the debtor did not object to the claim because he/she was prevented from doing so by a force majeure or extraordinary circumstances, without any fault on his/her part. In either case, the review of the judgment is a condition for the certification, provided that the debtor acted promptly.

Once a judgment has been certified, the creditor can enforce it in any Member State without any intermediate procedure. The law of the Member State of origin determines whether the judgment is enforceable or not, and the law of the Member State of enforcement governs the enforcement procedures. Thus, the Cypriot law, will only apply once the judgment is rendered enforceable.

A “judgment that has been certified as a EEO by the court of origin should be treated as if it had been delivered in the Member State in which enforcement is sought”19. Therefore, the judgment certified as a EEO is placed on the same footing as judgments of the Cypriot courts20. Under Article 20(2) of the Regulation, the creditor seeking enforcement of the EEO must file a copy of the judgment which satisfied the conditions necessary to establish its authenticity and a copy of the EEO certificate which again satisfied the authenticity conditions, both duly translated in the Greek language which is one of the official 19 20

Article 8 of Preamble of Regulation (EC) No. 805/2004 Article 20(1) of Regulation (EC) No. 805/2004

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languages of the Republic of Cyprus. The translation into Greek shall be made by an official or a sworn translator or by a diplomatic or consular agent. Under Article 20(3), no security, bond or deposit, shall be required by the party who applies for enforcement of a judgment certified as a EEO in another Member State, on the ground of nationality or foreign domicile. Once the certification is secured, enforcement may only be refused21 upon an application by the debtor if the judgment certified as a EEO is in conflict with an existing earlier judgment involving the same cause of action between the same parties given in any Member State or in a third country. Besides, it is required that the irreconcilable character of the two judgments was not and could not have been raised as an objection in the court proceedings in the Member State of origin.

Under Article 21(2), the judgment or its certification as a EEO cannot be reviewed as to their substance in the Member State of enforcement under any circumstances. Thus the Cypriot courts are prohibited from reviewing the substance of the judgment or the EEO.

Pursuant to Article 10(1)(b), the debtor can apply for the withdrawal of the EEO where it was clearly wrongly granted, having regard to the requirements laid down under Article 6. The withdrawal is governed by the law of the Member State of origin but the nature of the withdrawal procedure is unclear. It is hard to imagine that the court will rule without hearing the creditor. However, such a procedure with both parties being heard would constitute an appeal. Since the Regulation is ambiguous on this point, it is unlikely that all the Member States would protect fully the creditor’s rights under the withdrawal procedure. This is considered as one of the drawbacks of the Regulation.

21

Article 21 of Regulation (EC) No. 805/2004

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Under Article 10(1)(a), the court of origin can rectify the EEO on an application by the debtor when, due to a material error, there is a discrepancy between the judgment and the certificate. The conditions for the rectification are again governed by the laws of the Member State of origin. Under Article 23, when the debtor has challenged the judgment certified as a EEO or has applied for the rectification or withdrawal of a EEO, he/she can ask the court of the Member State of enforcement either to limit the enforcement to protective measures, or to make enforcement conditional upon the provision of a security or under exceptional circumstances only, stay the enforcement proceedings. Such challenges are governed by the law of the State of enforcement.

All the methods of execution of Cypriot court judgments are available for the execution of enforceable foreign judgments certified as EEOs under this Regulation.

3. Cypriot Legislation on enforcement of foreign judgments In Cyprus, the rules concerning the procedure on recognition, enforcement and execution of foreign judgments are contained in Law No. 121(1)/2000. This Law applies to all the cases in which recognition, registration and enforcement of decisions of foreign courts is requested. Under provision 3(1) of the said Law, decision of a foreign court is the decision of the court or arbitral organ or organ of a foreign country with which the Republic of Cyprus has concluded or is connected with an agreement for mutual recognition and enforcement of judicial decisions and arbitral awards and which is enforceable in the country issuing such decision.

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Pursuant to provision 5(a) of the said Law, the procedure starts with filing an application by summons and an affidavit at the District Court, in accordance with the Civil Procedure Rules. Following that, a hearing date is given by the court within four weeks from the filing date. The respondent must be served with a copy of the application without any delay. The Law gives the opportunity to the respondent to contest the application by filing a written objection accompanied by an affidavit, where he/she outlines the facts on which his/her objection is based, at least 2 days before the date of the hearing. The court will normally refuse to extend the time period for filing an objection unless special reasons exist for a reasonable extension. 4. Legislation on Enforcement of Foreign Arbitral Awards in Cyprus International arbitration is defined as arbitration between parties that have their place of business in different states. Arbitral awards are enforceable in Cyprus under the provisions of the Cypriot Law on International Arbitration in Commercial Matters Law No. 101/1979 and the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards of the United Nations of 195822. As a signatory to the New York

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Law No. 84/1979

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Convention, Cyprus has to enforce awards made in foreign states which are signatories 23 to the Convention. The Cypriot Law curtails the power of the parties to ask for the intervention of the court at any stage of the arbitration, thus allowing for a speedy adjudication. The court will interfere in the process rarely. Prior to an award being delivered, the court will only appoint one or more arbitrators if the parties fail to do so24 and the court can ask the parties to provide all the relevant information supporting their case to the appointed arbitrator. Additionally, the court can terminate an arbitrator’s mandate if he fails to discharge his duties or is guilty of undue delay in doing so. The enforcement of a foreign arbitral award can be effected by filing an application by summons by the party seeking enforcement, i.e. the judgment creditor. The application must be served on the debtor, must be supported by an affidavit and pursuant to Article IV of the New York Convention, the following documents must be attached to it: a) the duly authenticated original award or a duly certified copy;

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The parties to the Convention are as follows: Afghanistan, Albania, Algeria, Antigua and Barbuda Argentina, Armenia, Australia, Austria, Azerbaijan, Bahamas Bahrain, Bangladesh, Barbados, Belarus, Belgium, Benin, Bolivia, Bosnia and Herzegovina, Botswana, Brazil, Brunei Darussalam, Bulgaria, Burkina Faso, Cambodia, Cameroon, Canada, Central African Republic, Chile, China, Colombia, Costa Rica, Cook Islands, Côte d'Ivoire, Croatia, Cuba, Cyprus, Czech Republic, Denmark , Djibouti, Dominica, Dominican Republic, Ecuador, Egypt, El Salvador, Estonia, Finland, France, Gabon, Georgia, Germany, Ghana, Greece, Guatemala, Guinea, Haiti, Holy See, Honduras, Hungary, Iceland, India, Indonesia, Iran, Ireland, Israel, Italy, Jamaica, Japan, Jordan, Kazakstan, Kenya, Kuwait, Kyrgyzstan, Lao People's Democratic Republic, Latvia, Lebanon, Lesotho, Liberia, Lithuania, Luxembourg, Madagascar, Malaysia, Mali, Malta, Marshall Islands, Mauritania, Mauritius, Mexico, Moldova, Monaco, Mongolia, Montenegro, Morocco, Mozambique, Nepal, Netherlands, New Zealand, Nicaragua, Niger, Nigeria, Norway, Oman, Pakistan, Panama, Paraguay, Peru, Philippines, Poland, Portugal, Qatar, Republic of Korea, Republic of Moldova, Romania, Russian Federation, Saint Vincent and the Grenadines, San Marino, Saudi Arabia, Senegal, Serbia and Montenegro, Singapore, Slovakia, Slovenia, South Africa, Spain, Sri Lanka, Sweden, Switzerland, Syrian Arab Republic, Thailand, The former Yugoslav Republic of Macedonia, Trinidad and Tobago, Tunisia, Turkey, Uganda, Ukraine, United Arab Emirates, United Kingdom, United Republic of Tanzania, United States of America, Uruguay, Uzbekistan, Venezuela, Vietnam, Zambia, Zimbabwe. Available at: http://www.wipo.int/amc/en/arbitration/ny-convention/parties.html 24

Provision 26 of the Cypriot Law on International Arbitration in Commercial Matters Law No. 101/1979

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b) the original agreement or a duly certified copy. If the said award is not drafted in Greek, the party applying for recognition must also produce a translation of the documents into Greek by an official or a sworn translator or by a diplomatic or consular agent. Once the summons is served on the debtor, he is given the opportunity to appear at the first hearing of the application and can oppose the registration of the award. If the debtor opposes the registration, the court will direct him to file his written opposition stating the grounds for refusing the registration of the award. The grounds for attacking the validity of the award are provided in Article V of the Convention. The court may set aside the award or refuse its recognition and enforcement on the following grounds: a) Some incapacity of the parties or invalidity of the arbitration agreement; b) Failure to give proper notice of the appointment of the arbitrator to the party against whom the award is invoked; c) The award deals with a difference not contemplated by or not falling within the terms of the submission of the arbitration; d) The composition of the arbitral authority was not according to the parties’ agreement or was not otherwise according to the law of the country where arbitration took place; e) The award has not yet become binding on the parties nor has been set aside or suspended by a competent authority of the country in which the award was made. Additionally, further grounds are provided under 36(b) of the Cypriot law as follows:

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a) The subject matter of the dispute not being capable of settlement by arbitration under the law of Cyprus; b) The award is contrary to the public order of Cyprus. A judgment creditor can apply for an injunction25 freezing the assets of the debtor, which are within the jurisdiction of the Cypriot courts, pending the final determination of the application for registration of the award. The application for the injunction is made ex parte at the date of the filing of the application for registration of the award. All the methods of execution of Cypriot court judgments are available for the execution of foreign arbitral awards, provided that the courts accept their recognition. By Marina Hadjisoteriou, Legal Consultant at Michael Kyprianou & Co. LLC

References 1. Act concerning the conditions of accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic and the adjustments to the Treaties on which the European Union is founded - Annex II: List referred to in Article 20 of the Act of Accession - 18. Cooperation in the fields of justice and home affairs - A. Judicial cooperation in civil and commercial matters, Available at: http://eur-lex.europa.eu/LexUriServ/LexUriServ.do? uri=CELEX:12003TN02/18/A:EN:NOT, Last visited: 9th November 2009 25

National Iranian Tanker Company Ltd v Pastella Marine Company (1987) 1 CLR 120

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2. Katsis, A., [2007] Legalisation of Public Documents within the EU Member States-Cyprus, Available at: http://ec.europa.eu/civiljustice/news/docs/study_public_docs_cyprus.pdf, Last visited: 3rd November 2009 3. Mavrellis, D. [2004] Legal Dispute and Arbitration Proceedings, Doing Business with the Republic of Cyprus, GMB Publishing Ltd 4. Ministry of Justice and Public Order: Recognition of Judgments, Available at: http://www.mjpo.gov.cy/MJPO/MJPO.nsf/dmlrecognition_en/dmlrecognition_en ?OpenDocument, Last visited: 5th November 2009 5. Mourre, A. and Lahlou, Y. (2004) The construction of the European judicial space: the enforcement of uncontested claims and the prohibition of anti-suit injunctions, I.B.L.J., pp. 538-553 6. Neocleous, A. [2005] International Enforcement of Foreign Judgments: Cyprus, International Business, Law Consortium, pp. 128-142 7. Neocleous, A. & Co [2000] Introduction to Cyprus Law, Chapter 5: Enforcement of Foreign Judgments and Arbitration Awards 8. Parties to the Convention on the Recognition and Enforcement of Foreign Arbitral Awards, Available at: http://www.wipo.int/amc/en/arbitration/nyconvention/parties.html , Last visited: 5th November 2009

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