Publications
CORPORATE INSOLVENCY PROCEEDINGS: THE RIGHT TO BE HEARD REAFFIRMED BY THE COURT OF APPEAL
This decision underscores a crucial point in Cypriot corporate insolvency law: procedural fairness is not a formality but a condition of jurisdiction. Creditors seeking urgent corporate remedies—su...
INTERNATIONAL TRANSACTIONS, JURISDICTION AND ENFORCEMENT OF ARBITRAL AWARDS: FIVE RECENT CYPRIOT DECISIONS
Cypriot case law from December 2024 onwards has raised important issues of international law, offering significant guidance on international jurisdiction, enforcement of foreign arbitral awards, an...
RETHINKING EXCESSIVE FORMORMALISM: THE CYPRUS APPEAL COURT’S RECENT MODERN APPROACH TO RECOGNITION OF FOREIGN ARBITRAL AWARDS
The Cyprus Court of Appeal has delivered an important clarification in the recent judgment given on 08/01/2025 in Marbale Universal Corp & Victor A. Pichugov v Alexey N. Ananiev et al, and specific...
FISCAL AGENCY AGREEMENTS AND TRUST DEEDS
Standard clauses that are often copied in these agreements are subject to Court’s interpretation as seen in “pari passu” clause litigation against Argentina, leaving investors weak and fragmented.
THE ERA OF EUROBONDS OR A COMEBACK OF SYNDICATED LOANS?
Syndicated loans and bonds are significantly competitive financing sources from both banking and capital markets. Capital markets have generally been increasing their market share. Nonetheless, wit...
INTER-CREDITOR AGREEMENTS UNIFY CREDITORS
Rather than depending solely on statutory or jurisdiction-specific insolvency regulations, which may vary or conflict, the ICA unifies creditors under a single framework. In principle, junior cred...
TURNING POLICY INTO OPPORTUNITY
Each September, European Mobility Week (EMW) reminds us how rapidly urban mobility is changing. Cities close streets to cars, test low-emission zones, and encourage sustainable transport. For many,...
AIR TRAVEL INJURIES
For passengers injured on board an aircraft to or from Cyprus, the Montreal Convention provides a robust and harmonised system of protection. The regime balances consumer rights and carrier obligat...
Η ΥΠΕΡΒΟΛΙΚΗ ΔΙΚΟΝΟΜΙΚΗ ΤΥΠΟΛΑΤΡΕΙΑ ΚΑΙ ΤΟ ΔΙΚΑΙΩΜΑ ΠΡΟΣΒΑΣΗΣ ΣΤΗ ΔΙΚΑΙΟΣΥΝΗ ΚΑΤΑ ΤΟ ΑΡΘΡΟ 6 ΕΣΔΑ
Το Άρθρο 6 της Ευρωπαϊκής Σύμβασης Δικαιωμάτων του Ανθρώπου κατοχυρώνει το δικαίωμα σε δίκαιη δίκη, το οποίο περιλαμβάνει και το δικαίωμα πρόσβασης σε Δικαστήριο. Το Ευρωπαϊκό Δικαστήριο Δικαιωμάτω...
ΕΛΕΥΘΕΡΙΑ ΤΗΣ ΕΚΦΡΑΣΗΣ ΚΑΙ ΤΟ «ΑΠΟΤΡΕΠΤΙΚΟ ΑΠΟΤΕΛΕΣΜΑ» (CHILLING EFFECT): ΔΥΟ ΠΡΟΣΦΑΤΕΣ ΑΠΟΦΑΣΕΙΣ ΤΟΥ ΣΤΡΑΣΒΟΥΡΓΟΥ
Η ελευθερία της έκφρασης, όπως κατοχυρώνεται στο Άρθρο 10 της Ευρωπαϊκής Σύμβασης Ανθρωπίνων Δικαιωμάτων, αποτελεί θεμέλιο της δημοκρατικής κοινωνίας. Ωστόσο, τα όρια της δοκιμάζονται συνεχώς όταν ...
EXCESSIVE FORMALISM IN COURT PROCEEDINGS & THE RIGHT TO ACCESS TO JUSTICE UNDER ARTICLE 6 ECHR: THE CYPRUS CPR AS A REMEDY
Article 6 of the European Convention on Human Rights (ECHR) guarantees the right to a fair trial, which includes the right of access to a court. The European Court of Human Rights (ECtHR) has repea...
FREEDOM OF EXPRESSION AND THE CHILLING EFFECT: TWO RECENT STRASBOURG JUDGMENTS
Freedom of expression under Article 10 of the European Convention on Human Rights is central to the functioning of democratic society. Yet its boundaries are constantly tested when courts impose sa...
GENERAL RULES ON WINDING UP A COMPANY IN CYPRUS DUE TO OPPRESSION & DEADLOCK
A company in Cyprus may be wound up where those in control engage in oppressive conduct toward the minority or where there is deadlock and breakdown of mutual trust in a quasi-partnership context. ...
RECOVERING COMMON EXPENSES IN CYPRUS: THE MANAGEMENT COMMITTEE’S RIGHT TO ENFORCE
In Cyprus, the obligation to pay common expenses is a cornerstone of communal property ownership, ensuring the maintenance and functionality of shared spaces in multi-unit buildings. The Management...
CONTEMPT OF COURT ORDERS: THE QUASI-CRIMINAL NATURE OF CIVIL ENFORCEMENT & DISTINCTION FROM THE CRIMINAL OFFENCE OF DISOBEDIENCE
Recognising this distinction is essential to ensuring that the appropriate legal remedy is pursued and that the principles of due process are respected. Importantly, both mechanisms may be invoked ...
JUSTICE PREVAILS: A LANDMARK WIN BEFORE THE CYPRUS COURT OF APPEAL – GAGGING ORDERS vs. THE RIGHT TO A FAIR TRIAL
On 4 July 2025, the Cyprus Court of Appeal issued a unanimous and principled judgment that overturned an unjust ruling of the District Court. The case concerned the fundamental right of persons who...
BUYING PROPERTY IN CYPRUS: WHAT YOU NEED TO KNOW BEFORE YOU COMMIT
Purchasing a property is one of life’s most significant financial decisions. Whether you are buying your primary residence, a holiday home, or making an investment, the process requires informed an...
CO-OWNERSHIP OF PROPERTY IN CYPRUS: LEGAL ISSUES AND PRACTICAL SOLUTIONS
In Cyprus, co-ownership (undivided ownership) typically arises when two or more people purchase property together or inherit it in equal shares. While often well-intentioned, especially in family c...
SPECIFIC PERFORMANCE IN CYPRUS: WHEN THE COURT INSISTS ON THE DEAL
Specific performance — the remedy compelling a party to fulfill their contractual obligations — sits at the intersection of law and conscience. In Cyprus, it draws life from both equity and statute...
CHANGES IN COMPANY REGISTERS UNDER CYPRIOT LAW – ESSENTIAL INSIGHTS
In Cyprus, maintaining accurate company registers is a cornerstone of corporate governance under the Companies Law, Cap. 113. Companies are legally obliged to keep updated records of members, direc...
WHEN IS A LOAN NOT A LOAN? UNDERSTANDING INFORMAL LENDING IN FAMILY CONTEXTS
In a recent case handled by our firm, Phoebus, Christos Clerides & Associates LLC, we successfully defended a claim involving an alleged personal loan between two individuals who shared a close fam...