05 SEP, 2018
11th September 2018
In cases where the parties expressly agreed to refer disputes arising out of the contract to a foreign jurisdiction or to arbitration the Court will generally assert that the agreement be honoured.
The grounds for challenging jurisdiction will largely depend on whether the defendant was served within the jurisdiction or outside the jurisdiction. In both cases, the defendant may argue that:
Where the defendant was served outside the jurisdiction, he may also be argue that permission to serve the proceedings outside the jurisdiction should not have been granted in the first place.
Furthermore, Regulation (EU) 1215/2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (Brussels Regulation) gives the Cyprus Courts exclusive jurisdiction over the following:
However the Brussels Regulation applies only if the parties are domiciled in countries that are bound by the regulation.