Litigation and Arbitration

Arbitration

Alternative methods allow resolving a dispute between the parties without going to court today. Thus, some categories of commercial disputes do not reach the standard court (litigation) proceedings, but are resolved in an alternative manner – through arbitration, a non- court dispute resolution process, where two parties come together to the agreement with the assistance of the arbitrator, who subsequently will issue the “arbitration award”, a legally binding decision upon the parties.

To avoid court delays, the parties often resort to arbitration. The settlement of disputes through arbitration is often better suited to the interests of the parties, when, for example, a quick resolution is crucial to maintaining an ongoing business relationship or when technical issues arise. Arbitration is considered to be beneficial than litigation when the cases relate to disputes with banks, debt collection, and other similar procedural cases which have commercial character. However, if it is impossible to reach the agreement between the parties, then the litigation can take place.

Litigation - Court Actions

If the parties failed to agree between themselves about fair outcome of the case, the process will take place at the court. The issues, which can be heard by the judge are various, for example, personal injury, property litigation, insolvency litigation, criminal offences and etc.

The judicial system in Cyprus has two levels. The lower level, the lower courts, consists of district and specialized courts. The second and final level is the Supreme Court, which acts as a court of last resort with jurisdiction to hear and decide on appeals from lower courts.

In order to start a trial in Cyprus, it is necessary to draw up a writ of execution, which must subsequently be handed over to the defendant. If the defendant is presented in Cyprus, he must appear within ten days from the date of delivery of the writ of execution. However, in order to familiarize yourself with the litigation process in Cyprus or even start a proceeding, it is necessary to contact to the legal advisors, who can guide you through all the stages.