Arbitral Digest

Matter

Bitonic Ltd v Bank of Moscow-Bank Joint Stock Company (Supreme Court of Cyprus Civil Appeal 117/2018)

  1. 27 March 2018Cyprus

    27 March 2018Cyprus

    Winding-up order concerning Bitonic Ltd dated 27 March 2018

    Decision summary
    The Cyprus court issued a winding-up order against Bitonic Ltd after it failed to pay the registered judgment debt following Bank of Moscow's statutory demand.

    Supporting details

    2 participants
    Bitonic Ltd
    Bank of Moscow-Bank Joint Stock Company, formerly Joint Stock Commercial Bank "Bank of Moscow" (Open Joint-Stock Company)

    3 years, 11 months and 17 days later · 1450 days

  2. 16 March 2022Cyprus

    16 March 2022Cyprus

    Decision of the Supreme Court of Cyprus in Civil Appeal 117/2018 dated 16 March 2022

    Supreme Court of Cyprus

    Case no.
    Civil Appeal 117/2018
    Decision summary
    The Supreme Court of Cyprus dismissed Bitonic Ltd's appeal against the winding-up order. It held that challenges to the arbitral award and its registration could not be reopened, rejected the challenges to the statutory demand and insolvency finding, and awarded €2,500 plus VAT in costs to Bank of Moscow.

    Supporting details

    27 authorities · 10 participants
    Bitonic Ltd
    Representative
    K. Kliridis (For: Bitonic Ltd)
    Representative
    Foivos, Christos Kliridis & Associates LLC (For: Bitonic Ltd)
    Bank of Moscow-Bank Joint Stock Company, formerly Joint Stock Commercial Bank "Bank of Moscow" (Open Joint-Stock Company)
    Representative
    Chr. Nikolaou (For: Bank of Moscow-Bank Joint Stock Company, formerly Joint Stock Commercial Bank "Bank of Moscow" (Open Joint-Stock Company))
    Representative
    E. Christofi (For: Bank of Moscow-Bank Joint Stock Company, formerly Joint Stock Commercial Bank "Bank of Moscow" (Open Joint-Stock Company))
    Representative
    P. Pavlou & Associates LLC (For: Bank of Moscow-Bank Joint Stock Company, formerly Joint Stock Commercial Bank "Bank of Moscow" (Open Joint-Stock Company))
    Supreme Court of Cyprus

    Authorities cited

    27
    • Cyprus Companies Law, Cap. 113 (Cap. 113)
      statute
    • Cyprus Stamp Duty Law, Law 19/63 (Law 19/63)
      statute
    • Official Languages of the Republic Law, Law 67/88 (Law 67/88)
      statute
    • Uralmetprom Interdepartmental Concern OAO Uralmetprom application concerning Besuno Ltd ((2014) 1(A) C.L.R. 427)
      case-law
    • Odyssea v Police ((1999) 2 C.L.R. 490)
      case-law
    • Themistokleous v Republic (Criminal Appeal 176/18, 11 January 2019, ECLI:CY:AD:2019:B4)
      case-law
    • Kostoulou and Co Ltd v Republic (Civil Appeal 98/19, 1 February 2021)
      case-law
    • Pavlou v Efthymiou (Civil Appeal 33/2014, 23 June 2021, ECLI:CY:AD:2021:A269)
      case-law
    • FIDELITAS SHIPPING CO. LTD. v V/O EXPORTCHLEB ([1966] 1 Q.B. 630)
      case-law
    • Michael v Skoutella ((2008) 1B C.L.R. 1125)
      case-law
    • Charalambous v Charalambous ((2008) 1B C.L.R. 1298)
      case-law
    • Kyriakou and others v Redundancy Fund ((1993) 1 C.L.R. 1020)
      case-law
    • Maximos Court Ltd v Pieri and others ((2001) 1(B) C.L.R. 875)
      case-law
    • In re ABP Holdings Ltd and others (No. 2) ((1996) 1(A) C.L.R. 629)
      case-law
    • Pan-Aman Hotels Limited v Commissioner of Value Added Tax ((2002) 1Γ C.L.R. 1796)
      case-law
    • Holy Metropolis of Limassol v Chr. P. Michaelides (Estates) Ltd ((2002) 1 C.L.R. 43)
      case-law
    • J. Z. Classic Music Pro Ltd v Alkadia Music Land Ltd ((2002) 1B C.L.R. 1151)
      case-law
    • F.H.K. Hotels Holdings Ltd v A.S. Air Control Ltd ((1999) 1 C.L.R. 2159)
      case-law
    • Dimitris Avxentiou & Son (Agricultural Machinery) Ltd v Hellenic Bank Public Company Ltd ((2014) 1Γ C.L.R. 2534)
      case-law
    • G.I.P. Construction Ltd v Director of Social Insurance ((1991) 1 C.L.R. 15)
      case-law
    • M. Mouletaris Machinery Co. Ltd v Zinonos ((2001) 1Γ C.L.R. 1649)
      case-law
    • Andreas Georgiades and Son Ltd v Alpha Bank Cyprus Ltd (Civil Appeal 177/2011, 15 May 2017, ECLI:CY:AD:2017:A176)
      case-law
    • Russell on Arbitration, 21st edition (21st ed., p. 315)
      academic
    • Gary B. Born, International Commercial Arbitration, 2nd edition (Kluwer Law International, 2014, pp. 3739-3744)
      academic
    • Margaret L. Moses, The Principles and Practice of International Commercial Arbitration, 2nd edition (2nd ed., p. 198)
      academic
    • McPherson's Law of Company Liquidation (p. 127)
      academic
    • Pennington, Company Law, 3rd edition (3rd ed., pp. 674-675)
      academic
  3. Date not availableArbitration

    Date not availableArbitration

    Arbitral Award concerning Bitonic Ltd and Bank of Moscow-Bank Joint Stock Company

    Supporting details

    2 participants
    Bitonic Ltd
    Bank of Moscow-Bank Joint Stock Company, formerly Joint Stock Commercial Bank "Bank of Moscow" (Open Joint-Stock Company)
  4. Date not availableCyprus

    Date not availableCyprus

    Decision in Civil Appeal 146/16 concerning Bitonic Ltd

    Supreme Court of Cyprus

    Case no.
    Civil Appeal 146/16
    Decision summary
    The Supreme Court of Cyprus upheld registration of the foreign judgment against Bitonic Ltd, confirming the judgment debt for enforcement in Cyprus.

    Supporting details

    2 participants
    Bitonic Ltd
    Bank of Moscow-Bank Joint Stock Company, formerly Joint Stock Commercial Bank "Bank of Moscow" (Open Joint-Stock Company)
    Supreme Court of Cyprus
  5. Date not availableCyprus

    Date not availableCyprus

    Registration decision in General Application 424/15

    Cyprus court

    Case no.
    General Application 424/15
    Decision summary
    The Cyprus court registered the foreign judgment in favour of Bank of Moscow against Bitonic Ltd, creating an enforceable judgment debt in Cyprus.

    Supporting details

    2 participants
    Bank of Moscow-Bank Joint Stock Company, formerly Joint Stock Commercial Bank "Bank of Moscow" (Open Joint-Stock Company)
    Bitonic Ltd
    Cyprus court

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Bitonic Ltd v Bank of Moscow-Bank Joint Stock Company (Supreme Court of Cyprus Civil Appeal 117/2018) · Matter