Answer ... The statutory framework governing arbitration in Cyprus encompasses the following legislative instruments:

• The Arbitration Law (Cap 4): This fundamental piece of legislation outlines the general principles and procedures governing arbitration within the jurisdiction.
• The International Commercial Arbitration Law (101/1987) (‘ICA Law’): This law is rooted in the UNCITRAL Model Law of 1985 and is exclusively applicable to international commercial arbitration matters.
• The New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards: Cyprus formally ratified this convention through Law 84/1979. It serves as a pivotal instrument for recognising and enforcing foreign arbitral awards.
• The Foreign Court Judgments (Recognition, Registration and Enforcement) Law (121(I)/2000) establishes the framework for recognising, registering and enforcing foreign court judgments within the jurisdiction.

Under the above legal framework, the sole formal requirement stipulated for the validity of an arbitration agreement is articulated in Section 7 of the ICA Law and Section 2(1) of the Arbitration Law, pursuant to which an arbitration agreement is deemed valid and enforceable only when it is documented in writing.

Answer ... The legal framework in Cyprus distinguishes between domestic and international commercial arbitration:

• The Arbitration Law applies to domestic arbitration; and
• The ICA Law applies to international commercial arbitration.

Pursuant to Section 2(4) of the ICA Law, ‘commercial’ arbitration is defined as encompassing disputes arising from commercial relations, whether contractual or not. Additionally, arbitration is classified as ‘international’ if any of the following conditions is met:

• At the time the arbitration agreement was established, the parties had their legal seats in different states.
• Any of the following locations is not situated within the states in which the parties have their principal places of business:
• • the designated place of arbitration, if determined in or pursuant to the arbitration agreement; or
  • any location where a substantial portion of the obligations arising from the commercial relationship is to be performed, or the place with which the subject matter of the dispute is most closely associated.
• The parties have explicitly agreed that the arbitration pertains to more than one country.

These criteria provide clear guidelines for determining whether an arbitration falls under the purview of international commercial arbitration, thereby ensuring the appropriate application of the ICA Law in such cases.

Answer ... Yes. The ICA Law is largely aligned with the original UNCITRAL Model Law on International Commercial Arbitration of 1985. There are no substantial distinctions between the ICA Law and the UNCITRAL Model Law on International Commercial Arbitration.

Answer ... The statutory provisions alluded to in question 1.1 pertaining to the following matters are of a mandatory nature:

• the validity of the arbitration agreement;
• the issuance of arbitral awards;
• the procedure for recognising and enforcing awards; and
• the jurisdiction and authority of the court concerning arbitration procedures.

Answer ... There are no contemplated initiatives aimed at reforming the arbitration laws of Cyprus.

Answer ... Cyprus is a contracting party to the New York Convention, a commitment formalised through ratification by Law 84/1979. The convention contains a reciprocity provision, mandating that the Cypriot courts acknowledge and enforce arbitral awards originating from other signatory states to the New York Convention.

Answer ... Cyprus is a signatory to the Washington Convention on the Settlement of Investment Disputes between States and Nationals of Other States. Furthermore, Cyprus has entered into bilateral investment treaties with numerous nations.

Answer ... The following issues are categorised as non-arbitrable within the legal framework:

• family law matters;
• criminal law cases;
• disputes involving minors;
• disputes concerning the title of a property or real estate; and
• insolvency or bankruptcy proceedings.

Answer ... No. However, in the context of domestic arbitration, it is a prevailing practice for parties to select Cyprus as the preferred seat of arbitration.

Answer ... In relation to any legal prerequisites, the singular formal requirement mandated by law for the validation and enforceability of an arbitration agreement is its written form.

Answer ... In accordance with Section 16(1) of the International Commercial Arbitration Law, an arbitration clause contained within a contract is treated as a distinct and separate agreement apart from the other provisions of the contract. Hence, the validity of an arbitration clause may be upheld independently, even in instances where the encompassing contract is regarded as invalid. Therefore, Section 16 serves as a formal codification of the doctrine of separability of arbitration clauses.

Answer ... In cases where there is no prior agreement between the parties, responsibility for deciding on these issues typically falls upon the arbitral tribunal. It will have the authority to make determinations regarding matters such as:

• the timeframe for issuing the award;
• procedural rules; and
• other relevant aspects of the arbitration process.

Answer ... A party in arbitration proceedings has the right to raise objections to the jurisdiction of the arbitral tribunal either before or at the time of submitting its statement of defence. The specific procedural process for raising such objections may vary depending on the procedural rules governing the arbitration. These rules typically outline the precise steps and timelines for raising objections to jurisdiction, ensuring that parties have an opportunity to address such issues within the established framework of the arbitration proceedings.

Answer ... The principle of competence-competence finds explicit expression in Section 16 of the International Commercial Arbitration Law (‘ICA Law’). This provision affirms the authority of arbitral tribunals to adjudicate upon their own jurisdiction, even when challenges arise concerning the existence or validity of the arbitration agreement.

Answer ... In accordance with Section 16(3) of the ICA Law, in cases where the jurisdiction of the arbitral tribunal is contested and the tribunal rules that the dispute indeed falls within its jurisdiction, any of the involved parties have the prerogative to challenge this tribunal decision before the court. Such a challenge must be initiated within a timeframe of 30 days from the date of receiving the tribunal’s decision.

Answer ... No. In principle, the doctrine of privity of contract dictates that third parties which have not consented to arbitration by signing an arbitration agreement cannot be compelled to arbitrate disputes under that agreement. Therefore, arbitral tribunals generally lack jurisdiction over such third parties unless they have explicitly agreed to be bound by the arbitration agreement. This reflects the legal concept that only parties to a contract, or those that have otherwise agreed to arbitrate, can be compelled to participate in arbitration proceedings.

Answer ... While there are no specific statutory provisions in Cyprus addressing the duties of parties in arbitration, the International Commercial Arbitration Law (‘ICA Law’) does establish a fundamental principle. Pursuant to the ICA Law, the parties in arbitration have equal rights and duties. Each party is afforded the opportunity to present its case before the arbitrator or arbitral tribunal. This principle underscores the concept of procedural fairness and equality in arbitration proceedings, where both sides are expected to adhere to similar rights and responsibilities to ensure a balanced and just process.

Answer ... Cyprus does not have statutory provisions that impose limitations on multi-party or multi-contract arbitration procedures. This means that parties are generally free to engage in such arbitration proceedings without specific statutory constraints. The flexibility to conduct multi-party or multi-contract arbitrations allows for a broader scope of dispute resolution options and can be particularly useful in complex commercial situations involving multiple parties or contracts.

Answer ... Under Section 28 of the International Commercial Arbitration Law, the arbitral tribunal is vested with the authority to make determinations regarding the substantive law that will govern the dispute. This determination is typically made in accordance with the law explicitly chosen by the parties in their agreement. However, in situations where the parties have not reached an agreement on the applicable law, the arbitral tribunal will resort to the relevant private international law provisions to establish which law is appropriate for the specific dispute. This provision ensures that disputes in international commercial arbitration are adjudicated with a legal framework that is suitable and just, even in cases where the parties have not explicitly designated the governing law in their agreement.

Answer ... See question 6.1.

Answer ... While there are no explicit provisions governing the consolidation of arbitral proceedings within the International Commercial Arbitration Law or the Arbitration Law, Section 30 of the Arbitration Law extends the applicability of the Civil Procedure Rules to arbitration proceedings with the necessary adaptations (mutatis mutandis).

As a consequence, in domestic arbitration proceedings, the consolidation of arbitral proceedings becomes a viable option if the conditions stipulated in the Civil Procedure Rules are satisfied. This alignment with the Civil Procedure Rules enables a framework for consolidating arbitration proceedings, enhancing the efficiency and effectiveness of dispute resolution when multiple related disputes are involved.

Answer ... Cyprus has no statutory provisions that explicitly prohibit the joinder of additional parties in arbitration proceedings. However, the general principle of privity of contract traditionally does not allow for third parties which have not consented to an arbitration agreement to be bound by it and participate in arbitration proceedings. Therefore, arbitral tribunals typically lack jurisdiction over third parties that have not expressly agreed to be part of the arbitration process.

While this specific issue has not been tested in the Cypriot courts, there is the potential for third-party companies that belong to the same corporate group as a signatory to the arbitration agreement to be considered bound by that agreement under the ‘group of companies’ doctrine. This doctrine, if recognised in Cyprus, could extend the scope of the arbitration agreement to include certain affiliated entities within the same corporate group. However, the applicability of this doctrine will likely depend on:

• the specific facts and circumstances of each case; and
• the interpretation of Cypriot law by the courts.

Answer ... See question 7.2.

Answer ... Parties in Cyprus are granted the freedom to designate the members of the arbitral tribunal in their arbitration agreements. However, if there is no pre-established agreement between the parties outlining the appointment procedure, Section 11(3) of the International Commercial Arbitration Law (‘ICA Law’) prescribes a default procedure. This default procedure is as follows:

• Three-member tribunal: If the parties have concurred on arbitration by a three-member tribunal, each party will appoint one arbitrator and these two arbitrators will then collectively designate the third arbitrator.
• Single arbitrator: In cases where a single arbitrator is to be appointed but the parties are unable to reach an agreement on the selection, the court is empowered to appoint the arbitrator upon the application of any of the parties.

These default procedures serve as a mechanism to facilitate the appointment of arbitrators in situations where the parties have not prearranged a specific process for doing so.

Answer ... No.

Answer ... Under Cyprus law, both the Arbitration Law and the ICA Law provide mechanisms for challenging the appointment of an arbitrator if certain conditions are met:

• Removal of an arbitrator for unjustified delays: According to the Arbitration Law, a party may apply to the court to remove an arbitrator if the arbitrator unduly delays the proceedings or the issuance of the award. In such cases, the court has the authority either to:
• • appoint a new arbitrator; or
  • declare that the arbitration agreement no longer applies to the dispute.
• Challenge based on impartiality, independence or qualifications: Pursuant to the ICA Law, an arbitrator’s appointment can be challenged if there are legitimate reasons to believe that the arbitrator lacks impartiality, independence or the qualifications previously agreed upon by the parties.

While parties have the freedom to agree on the procedure for challenging an arbitrator’s appointment, where no such agreement exists, Section 13 of the ICA Law outlines the default procedure. Under this default procedure:

• the challenge must be presented to the arbitral tribunal within 15 days of the party becoming aware of the grounds for the challenge;
• if the tribunal rejects the challenge, the dissatisfied party has the option to submit an application to review the tribunal’s decision to the competent court within 30 days of receiving notice of the tribunal’s ruling; and
• the court’s judgment on the challenge will be final and not subject to further appeal.

These provisions ensure that the arbitration process remains fair and impartial, allowing the parties to address concerns related to the appointment of arbitrators in a structured and transparent manner.

Answer ... If an arbitrator’s mandate comes to an end for any reason, Section 15 of the ICA Law prescribes the procedure for appointing a substitute arbitrator. The rules that governed the original arbitrator’s appointment will generally apply to the selection of the substitute arbitrator. If these rules are not applicable or if necessary, the default procedure for appointment, as previously outlined, may be employed to designate the substitute arbitrator. This provision ensures that the arbitral tribunal remains properly constituted even in case of replacement of an arbitrator.

Answer ... Arbitrators in Cyprus are subject to a fundamental duty of independence and impartiality. In practice, arbitrators typically adhere to established standards such as the International Bar Association Guidelines on Conflicts of Interest in International Arbitration. Additionally, they may follow the standards recognised by the courts concerning the independence and impartiality of judicial officers.

Under Section 12 of the ICA Law, arbitrators are required to disclose to the parties any circumstances or facts that could reasonably give rise to doubts about their impartiality or independence. This duty of disclosure is binding on the arbitrator for the duration of his or her appointment.

Furthermore, in accordance with Section 13 of the Arbitration Law, if an arbitrator unjustifiably delays the proceedings or the issuance of the award, any party may apply to the court to have that arbitrator removed from the case. This provision ensures that:

• the arbitration process is conducted efficiently; and
• any unwarranted delays are addressed appropriately.

These legal provisions and ethical standards reinforce the importance of maintaining the integrity and fairness of arbitration proceedings by upholding the principles of independence, impartiality and expeditiousness in the actions of arbitrators.

Answer ... Procedure, including evidence: In international commercial arbitration in Cyprus, the parties possess the autonomy to establish and specify the procedural rules governing the arbitration. If the parties fail to reach an agreement on procedural matters, the arbitral tribunal will take responsibility for determining the appropriate procedure and addressing issues related to the submission and admissibility of evidence. Additionally, Section 26 of the ICA Law grants the tribunal the authority to:

• appoint experts to provide opinions on matters in dispute; and
• compel parties to furnish the relevant information and documents to these appointed experts.

Furthermore, Section 27 of the ICA Law allows any party or the tribunal itself to request assistance from the Cypriot courts in the collection and presentation of evidence.

In domestic arbitrations, the tribunal applies, with necessary adaptations, the Civil Procedure Rules governing civil proceedings. Additionally, any party has the option to petition the court for a summons that requires individuals to appear before the tribunal for examination or to produce documents, similar to the powers of a court in a trial (Section 17 of the Arbitration Law).

Interim relief: Arbitral tribunals, as per Section 17 of the ICA Law, have the authority to issue interim relief orders against any party related to the subject matter of the dispute. The tribunal can also demand that parties provide security for such relief. This power includes the ability to issue various forms of interim relief, such as freezing orders, disclosure orders and anti-suit injunctions. Moreover, Section 9 of the ICA Law authorises the Cypriot courts to grant interim relief in support of arbitral proceedings, even prior to their commencement. However, in such cases, the court must be convinced that the initiation of the arbitration proceedings is imminent.

Non-compliance with orders: Failure to comply with an arbitral tribunal’s orders does not automatically lead to contempt proceedings against the non-compliant parties. Instead, parties can seek court orders to assist in the arbitration proceedings or in the enforcement of arbitral awards.

Partial final awards: Cyprus law does not explicitly provide for the issuance or enforcement of partial awards. However, if a partial award is regarded as ‘binding’ on the parties in accordance with Section 36 of the ICA Law, it will be enforceable.

Remedies in final awards: Arbitral tribunals in Cyprus are not subject to explicit limitations on the types of remedies they can order. They generally have the authority to grant remedies similar to those available through national courts. However, tribunals cannot rule on issues that are non-arbitrable or order remedies that contravene public policy.

Interest: Pre-award interest may be included in an arbitral award and the tribunal decides this based on the evidence before it. Post-award interest is governed by Section 22 of the Arbitration Law, which specifies that unless the tribunal directs otherwise, arbitral awards accrue interest from the date of issuance of the award at the rate applicable to court judgments. The ICA Law does not contain provisions related to interest.

Answer ... In Cyprus, the courts do not possess the authority to compel a party to participate in arbitration proceedings. However, it is crucial to understand that if there is an applicable arbitration agreement, the Cypriot courts are likely to stay any legal proceedings initiated before them and refer the dispute to arbitration.

If a party chooses not to participate in the arbitration despite the existence of a valid arbitration agreement, they do so at their own risk. This non-participating party may face the potential consequence of a default judgment being issued against it in the arbitration proceedings.

Section 25 of the ICA Law reinforces this by allowing the arbitration proceedings to proceed in the absence of a party. In such cases, the arbitral tribunal will make its determinations based on the evidence presented before it, even if one of the parties chooses not to participate. This underscores the importance of:

• abiding by arbitration agreements; and
• actively participating in the process to protect one’s interests and legal rights.

Answer ... In Cyprus, arbitrators are not explicitly granted immunity under the law. However, they are typically considered to fulfil a quasi-judicial role and common law principles are generally applied to afford them immunity. Consequently, arbitrators are typically shielded from liability to the parties for any perceived failure to exercise reasonable skill or care in the arbitration process.

Even though arbitrators may enjoy a measure of immunity, if their actions or decisions are deemed to be grossly negligent or in violation of their duties, the court may still intervene. In such cases, the court may consider actions such as removing the arbitrator from the proceedings or setting aside the arbitral award, with the aim of upholding the integrity and fairness of the arbitration process.

Answer ... Under the Arbitration Law and the International Commercial Arbitration Law (‘ICA Law’), if legal action is initiated concerning a matter that falls within the scope of an arbitration agreement, any party involved in the dispute has the right to apply to the court. This application seeks to obtain a stay of the ongoing court proceedings and refer the matter to arbitration.

The Cypriot courts typically exhibit strong willingness to enforce arbitration agreements. They readily order the stay of court proceedings that are pending before them and facilitate referral of the dispute to arbitration. The default stance of the courts is to grant a stay of pending proceedings unless they find compelling reasons to believe that the arbitration agreement is:

• null, void or unenforceable; or
• deemed incapable of practical application.

This approach aligns with the pro-arbitration stance of Cypriot law and supports the principle of party autonomy, encouraging parties to adhere to their arbitration agreements and resolve disputes through arbitration when agreed upon.

Answer ... In arbitrations seated in Cyprus, the Cypriot courts possess extensive powers. Parties engaged in such arbitrations have the option to apply to the Cypriot courts for various purposes, including the following:

• Appointment of an arbitrator: In case of disagreement regarding the selection of an arbitrator, the parties may seek the appointment of an arbitrator through the Cypriot courts, as stipulated in Section 11 of the ICA Law.
• Challenging arbitrators: Parties can challenge the appointment of arbitrators or pursue the removal and substitution of an arbitrator by applying to the Cypriot courts, in accordance with Sections 12-15 of the ICA Law and Section 13 of the Arbitration Law.
• Correction of arbitral awards: If there are issues or errors in an arbitral award, parties may request the correction of the award by petitioning the Cypriot courts, as outlined in Section 33 of the ICA Law.
• Setting aside an arbitral award: Parties also have the option to apply to the Cypriot courts to have an arbitral award set aside, in accordance with Section 34 of the ICA Law.

These provisions empower the Cypriot courts to play a significant role in ensuring the integrity, fairness and proper conduct of arbitration proceedings seated in Cyprus, providing the parties with a mechanism for recourse in case of disputes or irregularities in the arbitration process.

Answer ... The provisions outlined in question 9.2 are mandatory in nature. Additionally, any agreement which unconditionally restricts a party’s right to access the judicial system is deemed void, as per Section 28 of the Contracts Law (Cap 149). This provision ensures that contractual arrangements cannot entirely preclude a party from seeking recourse to the legal system and reinforces the principle of access to justice.

Answer ... The Arbitration Law and the International Commercial Arbitration Law do not contain specific provisions regarding the allocation or calculation of costs in arbitration proceedings. However, they do allow for parties to request the tribunal, within a specified timeframe after the issuance of the arbitral award, to issue an order on the allocation of costs.

In the absence of explicit guidelines in these laws, the allocation of costs in arbitration proceedings generally remains at the discretion of the arbitral tribunal. A common practice, consistent with civil proceedings, is that the losing party may be ordered to bear the costs of the prevailing party.

Furthermore, when assessing the amount of costs, the principles of reasonableness, necessity and proportionality are typically applied, as they are in civil litigation in Cyprus. Costs and fees in arbitration proceedings should be reasonable, necessary and proportionate to the aim of achieving justice or protecting the rights of the involved parties. These principles ensure that the costs incurred are fair and justifiable in light of the particular circumstances of the case.

Answer ... Under Section 23 of the Arbitration Law, the allocation of costs in arbitration proceedings is entirely within the discretion of the arbitral tribunal. Any clause within the arbitration agreement that specifies that each party will bear its own costs is deemed void and unenforceable. Consequently, the arbitral tribunal has the authority to determine the distribution of costs based on the circumstances and merits of the case. This provision is in place to ensure fairness and prevent parties from enforcing one-sided cost allocation clauses that could potentially hinder access to justice in arbitration.

Answer ... Given the absence of legislation permitting third-party funding in civil proceedings, such financial arrangements may be categorised within the scope of common law torts – namely maintenance and champerty. Hence, such arrangements are likely to be deemed unenforceable.

Answer ... In accordance with Section 31 of the International Commercial Arbitration Law, several key requirements pertain to the issuance of an arbitral award:

• Written form: The award must be documented in writing.
• Signature: The award must be signed by the members of the arbitral tribunal.
• Reasoning: Generally, the award should provide reasons for the tribunal’s decision. However, the parties may opt for a different arrangement if they mutually agree.
• Seat of arbitration: The award must specify the seat or location of the arbitration.
• Date of issuance: The award should include the date on which it was issued.

These stipulations underscore the formalities and essential content that an arbitral award must adhere to under Cypriot law.

Answer ... While there is no explicit timeframe mandated for the issuance of an arbitral award, the Arbitration Law does include a provision (Section 13) that allows for the removal of an arbitrator if he or she unreasonably delays the issuance of the award. This provision serves as a mechanism to prevent unjustifiable delays in the arbitration process.

Answer ... An application for the recognition and enforcement of an arbitral award in Cyprus necessitates submission to the competent Cypriot court. This application should be accompanied by essential documents, including:

• an authenticated original award or a duly certified copy of the award; and
• a copy of the arbitration agreement.

Further, where an arbitral award is not issued in Greek, the court may request the submission of a certified translation of the award, as stipulated under Section 35 of the International Commercial Arbitration Law (‘ICA Law’).

The process involves the application being filed by summons, allowing the respondent an opportunity to:

• file an opposition;
• raise objections; and
• present its stance before the court.

These objections, however, must adhere to the specific grounds for objection as delineated in the relevant legislation.

Recognition and enforcement of the arbitral award can be declined by the court in accordance with Section 36 of the ICA Law, based on the following grounds:

• A party to the arbitration agreement lacked legal capacity, or the arbitration agreement was not valid under the governing law chosen by the parties or, in the absence of such an agreement, under the laws of Cyprus;
• A party was not properly informed about the appointment of an arbitrator or the arbitral proceedings, or for any reason, was denied the opportunity to present its case before the arbitral tribunal;
• The award pertains to a dispute falling outside the scope of the arbitration agreement or makes decisions on matters beyond the arbitration’s purview; or
• The composition of the tribunal or the conduct of the arbitration proceedings contravened the agreement of the parties or the applicable law.

Additionally, recognition and enforcement can be declined by the court if it determines that:

• the subject matter of the dispute is not arbitrable under Cypriot law; or
• the award is inconsistent with the public policy of Cyprus.

Answer ... In Cyprus, the procedures for challenging or appealing arbitral awards vary between domestic arbitrations, which fall under the purview of the Arbitration Law, and international commercial arbitrations, governed by the International Commercial Arbitration Law (‘ICA Law’). The key provisions related to challenging arbitral awards in both contexts are as follows.

Domestic arbitrations (Arbitration Law): In domestic arbitrations, parties have the option to file an appeal with the district courts where:

• an arbitrator has engaged in improper conduct; or
• the arbitration process or award was improperly obtained.

These provisions are outlined in Section 20 of the Arbitration Law.

International commercial arbitrations (ICA Law): In international commercial arbitrations, parties have specific mechanisms for addressing arbitral awards:

• Correction of award: A party may request the correction of an arbitral award within 30 days of receiving the award. Corrections can pertain to computational errors or similar issues in the award. Parties can also seek further guidance on the interpretation of specific portions of the award if agreed upon by both parties.
• Additional award: If certain claims were omitted from the original award but were part of the party’s arbitration proceedings, the party can request the tribunal to issue an additional award covering these claims.
• Setting aside award: A party may apply to a competent court to set aside an arbitral award under Section 34 of the ICA Law based on several grounds, including:
• • the incapacity of a party or invalidity of the arbitration agreement;
  • a lack of proper notice regarding the arbitrator’s appointment or the arbitral proceedings, leading to the denial of an opportunity to present the case;
  • the award addressing a dispute beyond the scope of the arbitration agreement; or
  • breach of the agreement between the parties or the law in composing the tribunal or conducting the arbitration.

Recognition and enforcement challenges: Courts may reject the recognition and enforcement of an arbitral award if certain conditions are met, including:

• non-arbitrability under Cyprus law; or
• incompatibility with public policy.

These provisions in Cyprus’s arbitration laws provide a framework for parties to address issues related to arbitral awards, depending on whether the arbitration is domestic or international in nature. It is crucial for parties to understand and adhere to the applicable legal procedures when seeking to challenge or enforce arbitral awards.

Answer ... In Cyprus, the timeline for making applications related to arbitral awards is as follows:

• Amendment of the award: If a party seeks to amend an arbitral award, it must submit its application within 30 days of the date on which it was notified of the arbitral award. This provision is governed by Section 33 of the ICA Law.
• Setting aside the award: If a party wishes to challenge and set aside an arbitral award, it must file their application within three months of the date on which it was notified of the arbitral award. This timeframe is prescribed by Section 34 of the ICA Law.

These specific time limits are important for parties involved in arbitration proceedings in Cyprus, as they determine the windows of opportunity for seeking modifications to or challenging the validity of arbitral awards. It is essential for parties to be aware of and adhere to these statutory deadlines.

Answer ... In Cyprus, the provisions related to parties’ rights to seek recourse to justice and challenge arbitral awards, as outlined in the Contracts Law (Cap 149), are considered mandatory. This means that any agreement that unequivocally restricts a party’s right to access the judicial system and seek redress is void. In other words, parties cannot enter into agreements that completely and unconditionally bar them from pursuing legal remedies through the courts. Cyprus law ensures that parties maintain their fundamental right to access the judicial system when necessary to protect their legal interests.

Answer ... The International Commercial Arbitration Law and the Arbitration Law in Cyprus do not contain explicit provisions regarding the confidentiality of arbitration proceedings. The Cypriot courts have yet to establish a comprehensive framework on this matter. Nevertheless, the Cypriot courts tend to accord significant weight to UK case law, which is often considered persuasive authority. This is particularly pertinent given that the Arbitration Law in Cyprus draws its foundations from the English Arbitration Act 1950. Consequently, UK case law pertaining to the principle of confidentiality in arbitration is expected to serve as instructive guidance for the Cypriot courts.

Answer ... As court judgments are routinely accessible through publicly available databases, it is inevitable that if an application is made for judicial assistance in arbitration proceedings or for the enforcement of an arbitral award, certain information regarding the arbitration proceedings will become a matter of public record.