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ARBITRATION – NEW YORK CONVENTION – REQUIREMENTS OF ARTICLE IV (1)(b) FOR THE PRODUCTION OF THE ORIGINAL ARBITRATION AGREEMENT OR OF A DULY CERTIFIED COPY OF SAME – STRICT INTERPRETATION AND APPLICABILITY.

In a recent decision the Supreme Court of Cyprus has adopted a strict interpretation of Article IV (1)(b) of the New York Convention requiring the presentation of the original arbitration agreement or a duly certified copy of same.

This is the first decision of the Supreme Court of Cyprus on the issue of the interpretation and applicability of Article IV (1)(b) of the New York Convention.

The applicant presented before the First Instance Court a copy of the arbitral agreement which was produced as exhibit during the arbitration process in Austria, accompanied by a certificate of the Secretary of the Austrian Arbitral Center, certifying that, the said document was a photocopy of the copy presented in the said proceedings.

The Applicants took the position before the First Instance Court, that they did not have the original arbitral agreement or any true copy of same, because such an agreement was executed through faxes exchanged between the parties.

The First Instance Court rejected the application for enforcement of the arbitral award, due to the non satisfaction of the mandatory requirements of Article IV (1)(b) of the Convention.

Before the issue of the aforesaid decision, numerous other decisions of Cypriot First Instance Courts, adopted the strict line of interpretation of the provisions of the Convention.

The Cyprus Supreme Court dismissed the appeal filed by the Applicants, and affirmed the decision of the First Instance Court, adopting and approving the strict line of interpretation of the provisions of the Convention, containing the minimum requirements to be met, by the applicant for the recognition and enforcement in Cyprus of foreign arbitral awards.


For further information on this topic please contact Mr. Soteris Pittas at SOTERIS PITTAS & CO LLC, by telephone (+357 25 028460) or by fax (+357 25 028461) or by e-mail (spittas@pittaslegal.com).

 


 The statements contained in this publication are not legal opinions and readers should not act on the basis of such statements without first consulting a lawyer.