In a recent Appellate Court judgement, it has been inter alia held that:
(a) The public policy defense should only be used, in exceptional cases.
(b) The public policy defense shall not be used to criticize the court decision to be recognized and enforced.
(c) It is the recognition of the judgement of the foreign court, rather than the judgment itself, which must be contrary to public policy.
(d) Recourse to public policy, can be envisaged only, where recognition or enforcement of the foreign judgement, would infringe the rule of the law, regarded as essential, in the legal order of the Republic of Cyprus, or would infringe a right recognized, as being fundamental, within the Cypriot legal system.
For further information on this topic please contact
Mr. Kyriakos Pittas( kpittas@pittaslegal.com ) at SOTERIS PITTAS & CO LLC,
by telephone (+357 25 028460) or by fax (+357 25 028461)
The content of this article is intended to provide a general guide to the subject matter. Specialist advise should be sought about your specific circumstances.
