The Bilateral Treaty Between Russia-Cyprus Does Not Give Jurisdiction To Cypriot Courts To Adjudicate On An Application Filed Directly By A Judgment Creditor For Enforcement Of Russian Court Judgment, When The Judgment Creditor Resides Outside Cyprus
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In the recent Appellate case VTB -V- TARUTA, the Appellate Court upheld a decision of a 1st Instant Court, pursuant to which a direct application filed by a holder of a Russian Judgment for its...
In the recent Appellate case VTB -V- TARUTA, the Appellate Court
upheld a decision of a 1st Instant Court, pursuant to which a
direct application filed by a holder of a Russian Judgment for its
enforcement under the Bilateral Treaty between Cyprus and Russia
and ex parte injunctions obtained in the context of such
enforcement proceedings, had been summarily dismissed, due to lack
of jurisdiction of Cypriot Courts, as per Article 27 of the
Bilateral Treaty.
The Appellate Court following the rules of interpretation of
international conventions contained in the Vienna Convention of
1969, decided inter alia that the provisions of Article 27 of the
Bilateral Treaty, are very clear and do not provide for any
jurisdiction of Cypriot Courts to adjudicate on any application for
enforcement, which is filed directly by a judgment creditor who
resides outside Cyprus.
Our lawfirm acted for the winning party.
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