Until recently Cyprus’ Admiralty jurisdiction was exercised by the Supreme Court of Cyprus, which also exercises jurisdiction as regards administrative acts and has appellate jurisdiction.
To modernise the existing process followed since Cyprus was a British colony, a new law has been adopted and provides for a separate Commercial and Admiralty Court which are now established. This is aimed at the effective administration of justice and the speedy adjudication of shipping and commercial disputes.
Admiralty Court
The Admiralty Court will be a court of first instance and have jurisdiction to hear and decide on any maritime matter (see below) regardless of whether
(a) the ship is of Cypriot ownership or entered in the Register of Cyprus Ships;
(b) the permanent residence or residence or the conduct of the business of the defendant or of the respondent or, in the case of a legal person, of the place where the registered office or the place of business is situated;
(c) the place where the claims arise;
(d) in the case of mortgages and/or charges, whether they are registered in Cyprus or not, they are legal or equitable, including mortgages and in rem encumbrances and charges created under foreign law.
English language
Furthermore, having regard to the international nature of shipping and commercial transactions and the international presence on the island, one of the parties may apply for the court proceedings to be conducted in the English language with the advantage of saving time and the need for translating lengthy documents. Specialist judges shall also be selected.
Maritime Claims
The “maritime claims” under the new Law are very much the same as the old English Administration of Justice Act 1956 applied in Cyprus by virtue of the Courts of Justice Act.
As such, a 'Maritime matter' includes any claim, independently of the amount:-
(a) in relation to the possession or ownership of a ship or the ownership of any share therein.
(b) which arises between the co-owners of a ship in relation to its possession, employment or earnings from the ship:
It is understood that the Court shall have the power to settle any outstanding claim which has not been settled between the parties in respect of the ship, to give such instructions that the ship or any share thereof be sold and to give any other order the Court deems appropriate.
(c) for the enforcement of a claim for damage, loss of life or bodily injury resulting from;
(i) collision of ships; or
(ii) the making or omission of a manoeuvre, in the case of one (1) or more than two (2) ships or
(iii) non-compliance with conflict regulations on the part of one (1) or more than two (2) ships.
(d) by the owners or other persons to limit the amount of their liability in respect of a ship or other property under the provisions of the Convention on the Limitation of Liability for Maritime Claims of 1976 and the Protocol of 1996 amending the said Convention (Ratifying) and Related Matters Law.
(e) in respect of a mortgage or charge on a ship or a share therein.
(f) in relation to damage sustained by a ship.
(g) about damage caused by a ship.
(h) in respect of the loss of human life or personal injury suffered by a person as a result of a defect in a ship or of such equipment or as a result of the wrongful act, negligence or omission;
(i) of the owner or charterer or the person in possession or control of the vessel or
(ii) of the master or crew of the vessel or any other person for whose wrongful acts or negligence or omission the owner or charterer or the person in possession or control of the vessel is responsible for the wrongful acts or negligence or omission of which he is responsible,
and which is an act, negligence or omission occurring in the operation of the ship or in the management of the ship, in the loading, carriage or discharge of goods on, in or off the ship or in the embarkation, carriage or disembarkation of persons on, in or off the ship.
(i) in connection with loss of or damage to goods carried by a ship.
(j) resulting from an agreement on the carriage of goods in a ship or on the use or hire of a ship.
(k) for or in connection with shipwrecked or marine assistance services similar to shipwrecking, whether or not under any contract.
(l) on towing a ship.
(m) on pilotage of a ship.
(n) in respect of goods or materials supplied by a ship for the purpose of operating or maintaining it.
(o) in connection with the construction, repair or equipment of a ship or with dock charges or dues.
(p) by a master or a member of the ship's crew for wages and any claim by or in respect of a master or a member of the ship's crew for any amounts or property which may, under any of the provisions of the applicable legislation regulating merchant shipping matters, be recovered as wages or before the Court and in the manner in which wages may be recovered.
(q) by a master, shipper, charterer or agent in respect of any disbursements incurred on behalf of a ship.
(r) which results from an act which is or is claimed to be a general average act.
(s) which results from bottomry.
(t) to seize or convict a ship or goods carried or which have been transported or attempted to be transported by a ship.
(u) which falls under the jurisdiction of the Supreme Court as a court of first instance in its Admiralty Jurisdiction, immediately prior to the date of entry into force of the new Law.
(v) which is provided for in any law, convention or agreement ratified by the Republic of Cyprus or in a procedural regulation to be brought before the Admiralty Court.
Commercial Court
The Commercial Court is established to hear a 'commercial dispute' being a difference or issue defined under the new Law, with the exception of a claim or counterclaim for damages in respect of personal injuries and a claim or counterclaim or registration of an arbitral award relating to banking and/or financial matters.
23 May 2022
Michael Papadopoulos
