One will find out that Cyprus has all the characteristics, which make
a country a commendable venue for international arbitration.
Choosing a place of arbitration is a most difficult decision. On the
one hand, the place must be neutral; on the other hand parties must be
sure that no legal obstacle will jeopardize the conduct of the arbitration
and that, once the award has been made, the successful party will be able
to obtain its legal enforcement in the country or countries where the other
side has assets.
Cyprus will be a neutral venue in most cases. Because of its history
and geopolitical location, it is considered to be, both part of Europe
and close to the Middle East. As a member of the group of Non-Aligned Countries
it acts as a bridge between industrialized and less developed countries.
The Cyprus law on arbitration in Cyprus has been based for years on
the English, 1950 Arbitration Act. Due to the several drawbacks of this
law (which had to be amended in England in 1979) Cyprus proceeded to amend
same in 1987 by adopting the United Nations Commission on International
Trade Law (UNCITRAL) Model Law on International Commercial Arbitration
of 21 June, 1985.
This law, which meets the needs of practitioners in international arbitration,
applies to any international arbitration taking place in Cyprus. It limits
the intervention of the Courts to the cases which are expressly provided
for in the law, and which are the few cases where the international community,
as represented by UNCITRAL, considers the support or the control of the
Courts necessary.
The parties are free to agree on the language or languages to be used
in the arbitral proceedings, and failing such an agreement, the arbitrators
determine the language to be used. The partied are also free to agree on
the procedure to be followed in the conduct of the proceedings and on the
rules of law to be applied to the substance of the dispute. Failing such
an agreement, the decision is again left to the arbitrators. Thus, a tailor
made arbitration can be organized in Cyprus, according to the needs and
the various legal traditions of the parties in each case.
Cyprus is a member of New York Convention on the Recognition and Enforcement
of Foreign Arbital Awards of 10 June, 1958. Therefore, an award made in
Cyprus by an international arbitration tribunal can be enforced on the
basis of this convention in the many countries, which have also ratified
it.
In conclusion, Cyprus is not only a place for holidays or for setting-up
offshore companies. It should also be seriously considered, among other
appropriate venues, when parties are looking for a place of arbitration.
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