The establishment of the Commercial Court and Admiralty Court and the modernization of the justice system.
In the context of modernization of the justice system and with the aim of faster and more efficient resolution of disputes, the Parliament passed on 12/05/2022 Law (108/2019) on the establishment and operation of the Commercial Court and the Admiralty Court.
The Law establishes two new courts of first instance, namely the Commercial Court and the Admiralty Court. The aim of this reform is to ensure the speedy administration of justice in these two areas but also in general, since the caseload of the District Courts will decrease.
The establishment of the two new courts will strengthen the competitiveness of Cyprus in terms of providing services and attracting foreign investment, thus contributing to the economic development of the island. Having this international aspect in mind, the Law provides for the possibility of conducting the proceedings before the Commercial Court and the Admiralty Court in English.
Commercial Court
The Commercial Court will be comprised of five judges with experience in commercial matters.
It will examine cases involving “commercial disputes” relating to claims over €2.000.000 including those arising out of
- Contracts or other commercial documents
- the sale, import or export of goods
- the transport of goods by land, air or through a conduit
- the exploitation of oil, gas or other natural resources
- insurance and reinsurance
- the operation of financial markets
- transactions relating to shares or other financial instruments
- the provision of services (otherwise than in the context of a contract of employment), excluding medical services
- the manufacture of vehicles
- agency
- disputes between shareholders of any entity which is supervised by any supervisory authority in the Republic
Additionally, irrespective of the amount in dispute, the Commercial Court will have jurisdiction to hear all matters relating to competition law, intellectual property, and arbitration.
Claims related to personal injury and banking are excluded.
Admiralty Court
The Admiralty Court will be comprised of two judges with experience in relevant matters, and it will have exclusive jurisdiction to hear admiralty claims.
Admiralty claims include claims relating to a vessel (which includes an aircraft), such as claims relating to the following:
- the ownership, possession, mortgage or charge of the vessel
- any dispute between co-owners
- any dispute arising from any collision or damage caused by or to a vessel
- the death or personal injury of any person arising from any matter or circumstance connected to the vessel
- the loss or damage to goods carried by the vessel or any dispute arising out of a contract for carriage of goods
- claims for salvage or any assistance to a vessel
- claims for goods and services provided to a vessel or for berthing and other similar fees
- claims by the master or crew of a vessel for wages
The enactment of this Law constitutes a great step into making Cyprus more competitive in the international markets, but also making the justice system faster and more efficient.
The date on which the two new Courts will be ready to function will be published by the Supreme Court. From that date any commercial cases which are pending before other Courts, may be transferred to the Commercial Court at the option of the parties. Pending admiralty cases shall be automatically transferred to the Admiralty Court.
By Ioanna Georgiadi
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