Team

„A first rate legal and commercial adviser with years of cross-border Experience“ – Legal 500 Latest Edition

Menelaos Kyprianou is the managing partner of the firm and specialises in the field of litigation with a cross border element.

He is repeatedly instructed by leading London and European law firms to act for their clients in Cyprus and has been consistently ranked as a leading lawyer by all the renowned publications. The European Legal 500 Directory in its 2015 Edition has described him as “an outstanding lawyer” while according to the Chambers Europe 2015 directory Menelaos is “relied on by clients for his excellent support in corporate disputes”.

Beyond his work as an advocate, Menelaos has also acted as an expert witness on Cyprus law in the context of a number of foreign proceedings. He has also advised a number of leading local and international companies as well as state authorities.

In 2014 Menelaos was appointed by the President of the Republic of Cyprus as a member of the team advising the President and the chief negotiator in relation to the talks that are taking place with the Turkish Cypriot community with the aim of reuniting Cyprus. Specifically, Menelaos was appointed in the team which advised on issues of European Union law.

In 2024 Menelaos was again appointed by the new elected President in the same team.

Menelaos was also a member of the board of the Cyprus Securities and Exchange Commission during the years 2007 – 2011.

Cases that have created a precedent:

Menelaos has been the lead advocate in a number of cases before the Supreme Court of Cyprus that have created binding precedents and which are often cited and followed by lower courts:

1. Grandest Shipping Company Limited v The Ship ‘Marvin Independence’ Admiralty case 9/2021 dated 28/1/2022 – 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.
2. Nicola Huxtable v Blue Med Hotels Limited (1998) 1 CLR 1542 – this judgment is often cited by lower courts in relation to the applicable principles related to occupiers’ liability.
3. 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 liquidation of a bank guarantee issued in relation to the performance of a contract can be declared unlawful.
4. 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.
5. 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.
6. 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 and also made important pronouncements regarding the need for full and frank disclosure in ex-parte applications.
7. 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.
8. 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 addressing the relevant conditions.
9. AP Lanitis Investments Ltd. v Her Brittanic Majesty’s Secretary of State for Defence (1999) 1 CLR 995. This judgment is often cited in relation to the applicable principles for valid service abroad to be effected.

Other important cases

Menelaos has also been the lead advocate in a number of other cases that stand out either because of their complexity or the novel points of law that have been addressed in them:

1. Was the lead advocate and had the case management in three related LCIA arbitrations concerning a dispute arising out of a share sale agreement concerning the Kazakhstan port authorities for a consideration in the region of USD 300,000,000.
2. 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 at the time 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.
3. 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.
4. 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.
5. 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.
6. 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.
7. 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.
8. 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.
9. 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.
10. Is presently involved in one of the largest and most complex white collar disputes to reach the Cyprus courts. In this case Menelaos is representing the owners of an internationally renowned company dealing amongst others in shipping and energy. The owners filed a case in Cyprus alleging fraud and misappropriation of funds against a high-ranking employee and a number of co-conspirators.
11. On behalf of a major German bank obtained an anti-suit injunction prohibiting a Cypriot entity of Russian interests from proceeding with a claim against it in the Russian courts.

Notable clients

Menelaos has provided legal advice to leading local and international companies as well as to state authorities. Some notable examples are:

1. The US Embassy in Cyprus
2. The US State Department
3. Pfizer
4. Siemens
5. GT Gettaxi Limited (GETT)
6. Alvarez and Marsal
7. Altius Insurance Company
8. The Hellenic Bank of Cyprus