We present the book by Dr. Kriton Dionysiou, Member of the Board of Directors of ISPD, titled “Recognition and Enforcement of Foreign Judgments in Cyprus”, recently published by Hippasus Publications.
- What is the subject of the book?
This work attempts an analytical recording of the legal framework governing the recognition and enforcement of foreign judicial decisions in the Cypriot legal order. Beyond the descriptive presentation of the applicable rules and procedures, it seeks to highlight critical issues that arise in the practical application of the relevant provisions. The book examines both the theoretical and practical dimensions of recognition and enforcement, focusing in particular on the solutions offered by case law. The aim of the work is to provide a comprehensive account of the substantive, procedural, and evidentiary aspects of this process, with analysis extending across a wide range of legal fields.
- What prompted you to proceed with its publication?
This book fills a gap in the legal literature of Cyprus. Although the practical importance of recognizing and enforcing foreign judgments is undeniable, the analysis of the subject — especially in the Cypriot context — remains incomplete to this day. At the same time, it becomes clear that the continuous development of the legal framework for the recognition and enforcement of foreign judgments is an urgent necessity in an interdependent world. The safeguarding of state sovereignty, which is essential for the integrity of the national legal order, must be combined with the respect for the rights of individuals who have a dual presence in social life — both nationally and internationally. I hope that this volume will serve as a valuable tool for lawyers, judges, and the broader legal community, providing the necessary theoretical foundation as well as practical guidance concerning the recognition and enforcement of foreign judgments in Cyprus.
- For non-lawyers, what does recognition and enforcement of foreign judgments mean?
The recognition and enforcement of a foreign judgment aims to grant judicial effect to a decision issued by a foreign court, making it equivalent — in terms of its legal consequences — to a decision issued by a Cypriot court. Through the recognition and enforcement of a foreign judgment, that decision is enabled to produce legal effects in the Republic as if it had been issued locally.
For example, a judgment from a court of an EU Member State or an arbitral tribunal awarding a monetary sum to a natural or legal person can be recognized and enforced in Cyprus, allowing the judgment creditor to pursue satisfaction of their claim against the debtor’s assets within Cypriot territory. Beyond monetary claims, the legal framework also covers other categories of cases, particularly in the field of family law. Specifically, it provides for the possibility of recognizing and enforcing judgments concerning maintenance claims and the regulation of property disputes between spouses or partners.
- What are the modern challenges regarding the recognition and enforcement of foreign judgments?
The legal framework governing the circulation of judgments is the product of numerous sociopolitical assumptions and values, inspired by the spirit of the international rule of law. The greatest challenge lies in achieving a balance between, on the one hand, the need for the unobstructed cross-border circulation of judicial decisions, and, on the other, the need to protect the national legal order of the State receiving the foreign judgment. Ensuring this balance constitutes a critical point of friction between international judicial cooperation and state sovereignty.
- What follows after publication?
The legal framework governing the recognition and enforcement of foreign judgments is constantly evolving, influenced by international conventions and the dynamic nature of case law. As such, I look forward to this work being continuously enriched with new material and adapted to these developments through upcoming new editions.
This work attempts an analytical recording of the legal framework governing the recognition and enforcement of foreign judicial decisions in the Cypriot legal order. Beyond the descriptive presentation of the applicable rules and procedures, it seeks to highlight critical issues that arise in the practical application of the relevant provisions. The book examines both the theoretical and practical dimensions of recognition and enforcement, focusing in particular on the solutions offered by case law. The aim of the work is to provide a comprehensive account of the substantive, procedural, and evidentiary aspects of this process, with analysis extending across a wide range of legal fields.
- What prompted you to proceed with its publication?
This book fills a gap in the legal literature of Cyprus. Although the practical importance of recognizing and enforcing foreign judgments is undeniable, the analysis of the subject — especially in the Cypriot context — remains incomplete to this day. At the same time, it becomes clear that the continuous development of the legal framework for the recognition and enforcement of foreign judgments is an urgent necessity in an interdependent world. The safeguarding of state sovereignty, which is essential for the integrity of the national legal order, must be combined with the respect for the rights of individuals who have a dual presence in social life — both nationally and internationally. I hope that this volume will serve as a valuable tool for lawyers, judges, and the broader legal community, providing the necessary theoretical foundation as well as practical guidance concerning the recognition and enforcement of foreign judgments in Cyprus.
- For non-lawyers, what does recognition and enforcement of foreign judgments mean?
The recognition and enforcement of a foreign judgment aims to grant judicial effect to a decision issued by a foreign court, making it equivalent — in terms of its legal consequences — to a decision issued by a Cypriot court. Through the recognition and enforcement of a foreign judgment, that decision is enabled to produce legal effects in the Republic as if it had been issued locally.
For example, a judgment from a court of an EU Member State or an arbitral tribunal awarding a monetary sum to a natural or legal person can be recognized and enforced in Cyprus, allowing the judgment creditor to pursue satisfaction of their claim against the debtor’s assets within Cypriot territory. Beyond monetary claims, the legal framework also covers other categories of cases, particularly in the field of family law. Specifically, it provides for the possibility of recognizing and enforcing judgments concerning maintenance claims and the regulation of property disputes between spouses or partners.
- What are the modern challenges regarding the recognition and enforcement of foreign judgments?
The legal framework governing the circulation of judgments is the product of numerous sociopolitical assumptions and values, inspired by the spirit of the international rule of law. The greatest challenge lies in achieving a balance between, on the one hand, the need for the unobstructed cross-border circulation of judicial decisions, and, on the other, the need to protect the national legal order of the State receiving the foreign judgment. Ensuring this balance constitutes a critical point of friction between international judicial cooperation and state sovereignty.
- What follows after publication?
The legal framework governing the recognition and enforcement of foreign judgments is constantly evolving, influenced by international conventions and the dynamic nature of case law. As such, I look forward to this work being continuously enriched with new material and adapted to these developments through upcoming new editions.
