08/04/2026
An was issued today in favour of our clients/plaintiffs in a claim exceeding €20 million in damages.
The Court dismissed the Defendants’ application challenging the of the Cyprus Courts, which was based on alleged parallel proceedings in Russia, allowing the action to proceed in Cyprus.
The decision provides a thorough analysis of the core principles of and lis alibi pendens:
(i) The burden of proof lies squarely on the applicant to demonstrate that a foreign forum is “clearly or distinctly more appropriate” — 𝗦𝗽𝗶𝗹𝗶𝗮𝗱𝗮 𝗠𝗮𝗿𝗶𝘁𝗶𝗺𝗲 𝗖𝗼𝗿𝗽𝗼𝗿𝗮𝘁𝗶𝗼𝗻 𝘃 𝗖𝗼𝗻𝘀𝘂𝗹𝗲𝘅 𝗟𝘁𝗱 — and that it has the most real and substantial connection to the dispute — 𝗟𝗼i𝘇𝗼𝘂 𝗟𝗼𝘂𝗸𝗮 & Sons 𝗟𝘁𝗱 𝘃 𝗡𝗮𝘁𝗶𝗼𝗻𝗮𝗹 𝗕𝗮𝗻𝗸 𝗼𝗳 𝗚𝗿𝗲𝗲𝗰𝗲.
(ii) The mere existence of parallel proceedings is insufficient without strict identity of parties and causes of action, which the Court found was not established.
(iii) Jurisdictional objections must be raised promptly and not at a late procedural stage - 𝗚.𝗝. 𝗠𝗮𝗴𝗱𝗼𝗻 𝗟𝘁𝗱 𝘃 𝗔.𝗟. 𝗠𝗲𝘁𝗮𝗹 𝗧𝗿𝗮𝗱𝗶𝗻𝗴 𝗟𝘁𝗱.
(iv) A party’s own procedural conduct, including the filing of a counterclaim, may amount to submission to the jurisdiction and render any objection legally unsustainable.
(v) A stay will only be granted where it is proven that the foreign forum better serves the interests of justice and convenience - 𝗟𝗲𝘅𝗶𝗰𝗼𝗻 𝗦𝗵𝗶𝗽𝗽𝗶𝗻𝗴 𝗖𝗼 𝗟𝘁𝗱 𝘃 𝗥𝗲𝗺𝗼𝗻𝘁𝗼𝘄𝗮 𝗚𝗱𝗮𝗻𝘀𝗸 𝗦𝗵𝗶𝗽 𝗥𝗲𝗽𝗮𝗶𝗿 𝗬𝗮𝗿𝗱.
The judgment is a clear reminder that jurisdictional challenges require timely, consistent, and fully substantiated arguments - not tactical afterthoughts.
