Due Process in International Arbitration: The Republic of Cyprus
Due Process as a Limit to Arbitral Discretion in International Commercial Arbitration 135 (Ferrari, Rosenfeld & Czernich eds., 2020)
23 Pages Posted: 2 Nov 2020 Last revised: 27 Feb 2021
Date Written: September 10, 2020
The Republic of Cyprus is a small independent state which was founded in 1960 after 80 years of British colonial rule. It is located in the south-eastern corner of the Mediterranean Sea and boasts a population of approximately one million residents and nearly half a million expats. Thanks to its booming economy and close historical ties with Europe, Cyprus joined the European Union in 2004 and adopted the Euro in 2008. Cyprus’ legal system may be described as a mixed legal order. Courts must constantly balance between the country’s British colonial common law past and more recent civil law influence from neighbouring Greece. Thanks to the highly qualified members of the Cypriot Bar, the seamless merging of civil and common law traditions, the country’s political stability, the convenient location of the island at the cross-roads of three continents, its investor-friendly legal and tax regimes, the accumulation of foreign assets in Cypriot banks, and amenities offered to shipping companies and sea-going vessels flying its flag, Cyprus has considerably grown in importance as an arbitration and arbitral award enforcement venue. As a matter of fact, Cyprus’ position among arbitration venues is surprisingly prominent, if compared to the size of its territory and economy. This chapter explores the role of due process as a limit to the arbitral tribunal’s discretion in international commercial arbitration in Cyprus. In doing so, this study comprises three parts: it sets out the normative basis of the enquiry, that is, the regulatory framework and the provisions pertinent to the due process defence in arbitration; it explores the exercise of arbitral discretion in a line of procedural injustice cases brought before Cypriot courts; and, lastly, it draws some conclusions and elaborates on a handful of legal aspects that remain opaque.
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Keywords: international arbitration, due process, due process paranoia, arbitral discretion, Cyprus
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