One of the latest achievements of Chambersfield Economides Kranos is to receive the award of the Leading Adviser for Cyprus for 2021.

Acquisition International has been a monthly digital business magazine for more than 11 years.

Professionals in more than 170 countries rely on AI’s vital updates on business knowledge.

Each year AI nominates the leading business in different fields, such as Finance, Legal, NPO’s, Audit & Tax, CFO, Businesswoman and others.

For Chambersfield Economides & Kranos is the second time receiving a distinction from Acquisition International.

The first time was in 2019, for its Corporate Excellence and this year is appointed as the Leading Adviser for Cyprus.

More precisely, Chambersfield Economides Kranos is the leading Full-Service Cross-Border Law Firm of the year in Cyprus.

Chambersfield Economides Kranos is an international law firm with a physical presence in more than 9 countries and having offices in Limassol, London, and Singapore.

The legal firm provides a variety of services to international individuals and institutions.

A highly experienced team of professionals undertakes with ethos, professionalism, respect and personal approach, legal and business cases on all legal and corporate services.

The post Cyprus leading adviser appeared first on Chambersfield Economides Kranos.

By: Christos G. Georgiou at Chambersfield Economides Kranos

The Cypriot legal and judicial system is currently undergoing one of its greatest reforms in the recent years, with the introduction of new civil procedural rules, laws, regulations and possible structural changes to the Court system itself. The aforementioned changes were deemed necessary in order to modernize the Court System of Cyprus and, inter alia, to integrate and to use the advantages brought about by modern technology and also to bring the Cypriot Courts vis-à-vis with the rise of the digital age.

The abovementioned reform will affect and bring fundamental changes not only to the Courts, the Judges, and the legal professionals, but also to various other stakeholders as well. Thus, many groups, including the House of Representatives (the Cypriot Parliament), are observing and trying to become involved in the said reform.

On that matter, on the 11^th of October 2021, the Plenary Session of the Supreme Court unanimously ruled on its per curiam Opinion that the Law passed by the House of Representatives on the 4^th of February 2021, titled “The Law (Amending) on Court of 2021”, was unconstitutional.[1]

The above Law specifically provided for the parallel filing of all court documents (including pleadings, affidavits, exhibits, etc.) in printed physical and electronic digital forms at the Court Registrars.[2]

Following the passing of the Law, the President of the Republic, based on the powers given to him by Article 140 of the Constitution of the Republic of Cyprus,[3] referenced the Law to the Supreme Court to give its Opinion as to the constitutionality of the Law passed by the Parliament, which affected the operations and workings of the Judiciary.

In its Opinion, the Supreme Court ruled that the law “The Law (Amending) on Court of 2021″ is contrary and inconsistent with Articles 61, 80.2, 163 and 179 of the Constitution[4] and with the principle of the Separation of Powers, a principle which derives from the Constitution itself.

Specifically, the Supreme Court ruled that the Law:

• Constitutes an interference with the judicial power of the Supreme Court by another Power (the Legislative Power),
• Is contrary to the provisions of the Constitution, and
• Violates the Constitution-derived Principle of the Separation of Powers, which ensures the functional independence of each of the three Powers (executive, legislative and judiciary).

This important ruling by the Supreme Court reaffirms the principle of the separation of powers as fundamental to the constitution and the workings of the Cypriot State. Finally, and more importantly, it is also a showcase by the Judiciary to both the Citizens of the Republic of Cyprus and to any other foreign physical person, legal entity or governmental body which looks to them in order to receive justice, that the Cypriot Courts are firmly independent and that the integrity and independence of the Courts will be defended and protected, no matter who tries to violate it.

* The content of this article is valid as at the date of its first publication. It is intended to provide a general guide to the subject-matter and does not constitute legal advice. We recommend that you seek professional advice on your specific matter before acting on any information provided. For further information or advice, please contact Mr. Christos G. Georgiou, Advocate, Mediator & Legal Consultant at the Law Firm CHAMBERSFIELD ECONOMIDES KRANOS, in Limassol Cyprus, # +357 25 356 800 or email at c.georgiou@eklawyers.com, info@eklawyers.com.

[1] https://www.pio.gov.cy/assets/pdf/newsroom/2021/10/Apofasi%20Anotatou-O%20peri%20Dikastirion%20Tropopoiitikos%20Nomos%202021_121021.pdf

[2] https://www.nomoplatform.cy/wp-content/uploads/2021/02/%CE%A0%CF%81%CF%8C%CF%84%CE%B1%CF%83%CE%B7-%CE%9D%CF%8C%CE%BC%CE%BF%CF%85-10.pdf

[3] http://www.cylaw.org/nomoi/enop/ind/syntagma/section-sc1200a230-2366-02c2-2492-690a6cca0027.html

[4] http://www.cylaw.org/nomoi/enop/non-ind/syntagma/full.html

The post Per Curiam Opinion on the separation of Power in Cyprus appeared first on Chambersfield Economides Kranos.

Mediation is an Alternative Dispute Resolution Method (ADR Method) which can be an alternative option for resolving a dispute between two (or more parties), other than through the Courts.

Mediation, like other ADR Methods (such as Arbitration), has advantages over a court process: it is faster, more cost-effective, and involves the confidentiality of the process, as opposed to a trial which is a general procedure open to the public.

In addition, Mediation, has the added advantage of being a more conciliatory and peaceful way of resolving a dispute between two parties, without necessarily causing the two parties to derail and terminate the relationship and/or cooperation of the two parties, as is almost always the case when a dispute leads to Trial or Arbitration.

In terms of its practical application, it is a structured process (regardless of the name), in which two or more parties try to reach an agreement on resolving their dispute voluntarily with the help of a Mediator, as a third, a neutral, independent and impartial party.

This impartial third party is a Certified Mediator, who is selected jointly and with the consent of all parties involved in a dispute.

Ways, the Disputing Parties, can enter into a Mediation process in Cyprus:

Under the current legal regime in Cyprus, there are three ways for the disputing parties to enter into a Mediation process:

1) By a voluntary agreement of the parties when a dispute arises

2)  Through a Mediation Clause in a Contract signed between the parties

3) During a court case, when both parties agree or when one party requests it and the Court deems that this is the best course of action in this particular case (rare application).

Informatively, it should be noted that in other countries, such as Greece and Italy, there is a mandatory pre-trial mediation procedure prior to the adjudication of the civil action, something which is not currently applied in the Cypriot legal system.

The Stages of Mediation:

When and if the disputing parties enter into a Mediation process, then the Mediation process is divided into the following five stages:

1)Preparation:  Where any possible conflict of interest of the Mediator is examined, e.g., if he had previously cooperated with one of the parties of the dispute (as it also happens in an Arbitration process for the selection of an Arbitrator), the acceptance of his appointment, the drafting and signing of the agreement affiliating the dispute to Mediation, the Mediator’s briefing, the appointment of the session, the venue, and the authorizations by the parties.

2) Opening Statements: Both of the Mediator (where he outlines his role, the way the procedure is conducted and the ultimate goal which is the resolve of the dispute) and of the Parties (where each party expresses its position on the dispute being mediated).

3) Investigation: Where separate confidential discussions take place between the Mediator and the parties, questions, investigation of the history of the dispute and the pursuit of interests.

4) Negotiations: Where the parties with the help of the Mediator create options and solutions for the dispute with proposals and dialogue between them.

5) Dispute Settlement Agreement: In case of a successful mediation process, the dispute is closed with the «Mediation Settlement Agreement» signing.

Mediation Settlement Agreement

«The Mediation Settlement Agreement» is probably the most crucial part of Mediation, as the Mediation process (and what has been agreed in it) is not binding until the two parties sign the Mediation Settlement Agreement.

The Mediation Settlement Agreement is drafted up by the Mediator, where what has been agreed is recorded in writing. It is then signed by him, and the parties and a true copy is given to each party of the Mediation. In this case, any party involved can file and register the Mediation Settlement Agreement in Court (as it is the case with an Arbitral Award) and then an Implementing Order is issued, and the Mediation becomes fullybinding.

 Laws and Procedures governing Mediation in Cyprus

The Laws governing Mediation in Cyprus are the following:

Law on Certain Matters of Mediation in Civil Disputes of 2012 (159 (I)/2012), which is the national law that governs the application and the procedure of Mediation in Cyprus, as well as the qualifications that a potential certified Mediator should possess.

Additionally, the above law stipulates the existence of two separate Registers of Mediators which are kept by the Ministry of Justice of the Republic of Cyprus:

Register of Mediators for Commercial Disputes

 Register of Mediators for Civil Disputes other than Commercial Disputes

Directive 2008/52/EC of the European Parliament and of the Council, of 21 May 2008, on certain aspects of mediation on civil and commercial matters, where this European Directive applies in the event of cross-border disputes in civil and commercial matters other than certain rights and obligations which the parties are unable to decide on the basis of the applicable law, and which dispute may be referred to Mediation as an ADR.

The European Code of Conduct for Mediators, which is currently the applicable Code of Conduct for Mediators in Cyprus, as the Cyprus Code of Conduct for Mediators has not yet been created.

Law on Family Disputes Mediation of 2019 (Ν. 62(Ι)/2019), which regulates issues that fall within the scope of Family Law such as Property Disputes, Alimony, and the Use of the Family House. Matters concerning Divorce and Child Custody remain in the exclusive jurisdiction of the Family Court.

Furthermore, informatively, due to the peculiarity of Family Mediation, discussions and actions have been taken to create a third separate Register of Mediators for Family Disputes.

The Future of Mediation in Cyprus: 

In recent years the number of registered Mediators in Cyprus has increased dramatically and the interest of the business and commercial world in finding an ADR Method, both from the Court and from Arbitration, which is not confrontational, has turned the eyes of several stakeholders to Mediation as an economic, speedy confidential and peaceful option to resolve a dispute between 2 two parties.

*Το περιεχόμενο του παρόντος άρθρου έχει ισχύει κατά την ημερομηνία της πρώτης έκδοσής του. Αποσκοπεί στο στα παρέχει μια γενική εισαγωγή και καθοδήγηση στον εν λόγω θέμα και σε καμία περίπτωση δεν συνιστά νομική συμβουλή. Σας συνιστούμε να αναζητήσετε επαγγελματικές συμβουλές σχετικά με το συγκεκριμένο σας θέμα προτού προχωρήσετε σε οποιαδήποτε ενέργεια με γνώμονα τις πληροφορίες που περιέχονται στο πιο άνω κείμενο. Για περισσότερες πληροφορίες ή συμβουλές, παρακαλώ επικοινωνήστε με τον Ko. Χρίστο Γ. Γεωργίου, Δικηγόρο, Διαμεσολαβητή & Νομικό Σύμβουλο στην δικηγορική εταιρεία CHAMBERSFIELD ECONOMIDES KRANOS, στην Λεμεσό, τηλ. +357 25 356 800 ή στα emails c.georgiou@eklawyers.com, info@eklawyers.com.   

* The content of this article is valid as at the date of its first publication. It is intended to provide a general guide to the subject-matter and does not constitute legal advice. We recommend that you seek professional advice on your specific matter before acting on any information provided. For further information or advice, please contact Mr. Christos G. Georgiou, Advocate, Mediator & Legal Consultant at the Law Firm CHAMBERSFIELD ECONOMIDES KRANOS, in Limassol Cyprus, # +357 25 356 800 or email at c.georgiou@eklawyers.com, info@eklawyers.com.

The post Mediation in Cyprus: Legal, Procedural and Practical Application appeared first on Chambersfield Economides Kranos.

Michalis Economides, a distinguished approved Barrister of the Cyprus Bar Association and Barrister of the United Kingdom and Wales founded the multi-awarded international law firm.  Chambersfield Economides Kranos has a physical presence in more than nine jurisdictions and undertakes a wide range of internationally complex, integrated, legal, corporate, and consulting services.

The Firm focuses on providing legal and advisory services in civil, political, maritime, commercial, banking, corporate, labor, energy, European, immigration, family, criminal law, liquidation, and issues resolution of commercial disputes and mediation.

The Great Britain-Cyprus Business Association is a business association based in Great Britain that helps to promote both Cypriot and British companies and allows its members and subscribers to view any future potential of cooperation between the two countries. The Association is often organizing business events, roadshows, and private business meetings for networking.

Mr. Michalis Economides stated that he is pleased for the Firm to be part of this distinguished Association and is looking forward to an excellent cooperation ahead.

The post Chambersfield Economides Kranos joins the Great Britain Cyprus Association appeared first on Chambersfield Economides Kranos.