Menelaos Kyprianou

Practice Areas

Dispute Resolution and Arbitration

Professional Memberships

Cyprus Bar Association

International Bar Association (IBA)

Career

1993 – trainee lawyer at Michael Kyprianou and Co LLC

1994 – admitted to the Cyprus Bar Associataion

2007 – equity partner at Michael Kyprianou and Co LLC and today the managing partner of this firm

Publications

Submitted a thesis at the FIDE (Federation International de Droit Europeene) conference held in Dublin in June 2004 on the subject “Criminal Law in the European Union: A Giant Leap or a Small Step?”

AIJΑ conference in Limassol (19/11/04) – made a presentation on the topic: «Bringing an EU Based Law Case before National Courts: How Does It Work? A Real Life Case Study».

Chaired the 1st Annual Cyprus Anti-Money Laundering Forum held in Nicosia on the 24th November 2008.

Made a presentation at the C5 forum in London in 2014 on the interim measures available to litigants in Cyprus in cross border cases.

For many years is the author of the Cyprus chapter in the first four editions of ‘The Asset Tracing and Recovery Review’.

Made a presentation on the topic of ‘EU and US sanctions’ at the ‘3rd English – Cypriot Law Day’ organized by the Cyprus Bar Association and the English Bar Council in Nicosia in July 2018.

Work Highlights

Grandest Shipping Company Limited v The Ship ‘Marvin Independence’ Admiralty case 9/2021 dated 28/1/2022 – in this case the Supreme Court examined the circumstances under which a ship arrest warrant can be issued in support of a claim pending in another EU member state.

Nicola Huxtable v Blue Med Hotels Limited (1998) 1 CLR 1542 - judgment of the Supreme Court of Cyprus dated 22/9/1998 - this judgment is often cited by lower courts in relation to the applicable principles related to occupiers’ liability.

Neocleous v Iakovou - Civil Case 1024/98 - judgment of the District Court of Nicosia dated 13/9/2000. The case concerned the successful defence of Mr. Iakovou who was a candidate for the presidency of the Republic of Cyprus in the 1998 elections. A few months before these elections he faced a law suit filed by an individual alleging breach of her privacy rights. The judgment examined novel points of law on the right to privacy.

Attalides v Rodoulis (2004) 1 CLR 1690 – judgment of the Supreme Court of Cyprus dated 20/10/2004. This judgment is often cited by lower courts in relation to the defence, in the context of a defamation claim, of fair comment on a matter of public interest.

In relation to KM Technologies Limited – Civil Application 15/2008 – judgment of the Supreme Court of Cyprus dated 7/3/2008. The case concerned a certiorari application in relation to the lawfulness of the form of security ordered by the District Court for the issuance of an ex-parte injunction in a cross border dispute.

Hellenic Bank Limited v S.G. Massif Ltd (2008) 1 AAD 794 - judgment of the Supreme Court of Cyprus dated 10/7/2008. This judgment created an important precedent on the circumstances under which the cashing in of a bank guarantee issued in relation to the performance of a contract can be declared unlawful.

Varianou v Vorka (2010) 1 CLR 1541 – judgment of the Supreme Court of Cyprus dated 24/9/2010. This judgment is often cited by lower courts in relation to the requirement that patients must provide their informed consent before an operation.

Commerzbank Auslandbansken Holding A.G and another v Adeona Holdings Limited - Civil Appeal E6/2014 – judgment of the Supreme Court of Cyprus dated 27/2/2015. In this judgment the Supreme Court set out the conditions that must be met for the issuance of injunctive relief in support of foreign arbitral proceedings.

Trafalgar Development Limited v Uralchem Holding Limited - Civil Appeal 331/2017 – judgment of the Supreme Court of Cyprus dated 24/4/2018. This judgment is relevant in relation to the applicable principles of reflective loss and as to when a shareholder can advance a derivative claim on behalf of the company.

Libra Capital Ltd. and others v Bank of Cyprus – case 3865/2019 of the District Court of Nicosia – judgment dated 3/3/2020 - in this case the District Court of Nicosia issued an extensive Norwich Pharmacal (disclosure) order against the Bank of Cyprus in relation to the movement of a number of accounts of natural persons and legal entities allegedly involved in an elaborate fraud scheme.

In relation to Rostovtsev – Civil Application 40/2020 – judgment of the Supreme Court of Cyprus dated 30/4/2020. The judgment sets out the pre-requisites for the lawful service, in the context of a cross border fraud case, of an indictment on a Russian citizen on the basis of the European Convention on Mutual Assistance in Criminal Matters.

In relation to Vitaly Smagin – General Application 601/2017 – judgment of the District Court of Nicosia dated 5/5/2020. With this judgment the District Court of Nicosia allowed the registration of an LCIA award for EURO 100 million to be registered and enforced in Cyprus. The facts were particularly difficult as the original agreements referring the matter to arbitration (the presentation of which is a pre-requisite under the law) were not in the possession of the applicant. The court examined circumstantial evidence to find that the copies that were presented were genuine. The judgment evidences a more flexible approach of the courts when considering applications for the registration of foreign judgments or arbitral awards.

In relation to application filed by Bitzios - Civil Application 81/2020 – judgment of the Supreme Court of Cyprus dated 30/7/2020. This judgment sets out the powers of District Courts to issue disclosure of assets orders on an ex-parte basis and is also relevant on the scope of prerogative order applications.

Lariena v RFI Consortium Limited – Civil Appeal 164/19 - judgment of the Supreme Court of Cyprus dated 22/1/2021. This judgment relates to the pre-requisites for the issuance of interim injunctions. It is one of the most recent Supreme Court of Cyprus judgments setting out the relevant conditions.

In re Coral Group Finance – General Application 283/17 - judgment of the District Court of Nicosia dated 8/2/2021. With this important judgment the District Court of Nicosia held that a foreign judgment can be enforced in Cyprus even in cases where none of the parties are based in Cyprus.

Chona Holdings Limited v Ioannidou and another – case 3576/2018 of the District Court of Nicosia – judgment dated 31/3/2021 – in this case the District Court ordered the issuance of Norwich Pharmacal (disclosure) orders against two directors of a Cyprus company so that they reveal details of the assets of the company and other information required for the institution by our client of court proceedings in overseas jurisdictions.

Markaris v Paraskevas – civil appeal 314/2014 – judgment dated 14/6/2022 – the most recent judgment of the Supreme Court setting out the principles of medical negligence.

A.P. Lanitis Investments Limited v Her Britannic Majesty’s Secretary of State for Defence (1999) 1 AAD 995 – judgment dated 25/6/199 – seminal judgment of the Supreme Court on the conditions for allowing service abroad of writ of summons.

Experience

Appeared as an expert witness on Cyprus law before the Svea Court of Appeal in Stockholm. Specifically testified on the principles that a Cyprus court would apply in order to determine the validity of an arbitration clause.

Called as an expert witness on Cyprus Financial Law in arbitration proceedings before the Moscow Chamber of Commerce. Specifically, testified on whether a particular financial instrument (non-deliverable forward foreign exchange contract) should be considered to be an ‘investment activity’ requiring prior authorization under Cyprus law.

Education