About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

3 Unif. L. Rev. n.s. 339 (1998)
The Enforcement of Foreign Arbitral Awards in Cyprus

handle is hein.journals/droit1998 and id is 343 raw text is: The Enforcement of Foreign Arbitral
Awards in Cyprus
Kypros Chrysostomides *
I. - GENERAL OBSERVATIONS
An arbitral award, unlike a judgment of a competent Court, cannot be enforced imme-
diately. The successful party in arbitration must seek the intervention of the Courts in
order to convert the award into a judgment or an enforceable order. Only then can
execution be levied.
The present remarks will focus on the various problems, procedural and other,
facing a party which has been successful in obtaining an arbitral award outside
Cyprus, when seeking to have it recognised and/or enforced in Cyprus.1
Before looking at those problems in detail, we should first of all identify the legal
framework, that is, the relevant enactments and rules which govern the enforcement
of foreign arbitral awards in Cyprus.
The Arbitration Law, i.e. Chapter 4 of 6 January 1944,2 does not concern us here
today, except for purposes of comparison of its provisions with those of the more modern
legislation on international arbitration which has been enacted in the meantime.
However, the Rules on Arbitration which were enacted pursuant to section 30 of
Chapter 4 are important because in the absence of any other specific rules, they
appear to apply to foreign arbitral awards as well. These rules stipulate that:
'The Rules of Court applicable to proceedings under this Law are the Civil Procedure
Rules. 3
Cyprus's arbitration landscape has been enhanced with two other enactments:
(a) Law 84 of 1979 - which ratified the well-known New York Convention on
the Recognition and Enforcement of Foreign Arbitral Awards;4
•   Dr. jur., University of Bonn (Germany); advocate in Nicosia (Cyprus); former member of the
Secretariat of the European Commission of Human Rights of the Council of Europe, Strasbourg (France).
This contribution is dedicated to the memory of Malcolm Evans, late Secretary General of UNIDROIT.
1   REDFERN-HUNTER-SMITH, Law and Practice of International Commercial Arbitration, 2nd ed.
1991, pp. 447-449, where it is attempted to define the two terms, 'enforcement and recognition'.
2   The Statute Laws of Cyprus, 1959 revised edition, Chapter 4.
3   Subsidiary Legislation of Cyprus, Vol. II, Chapter 5.
4   Cyprus Official Gazette, 1979, Annex I, pp. 1115 ff., containing the full text in English as well.
RDU 1998-213                                                            339

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Contact us for annual subscription options:

Already a HeinOnline Subscriber?

profiles profiles most