Commercial court in 2018

Cyprus Supreme Court
The Cyprus Supreme Court

JUSTICE Minister Ionas Nicolaou and the members of the Supreme Court decided on Thursday to set up a Commercial Court as part of efforts to modernise the justice system.

Referring to the number of such cases at the district courts, Nicolaou said there were 342 registered in 2015 and 273 registered last year.

In statements to the media following the meeting, the minister said the Commercial Court would have jurisdiction over matters including claims arising from contracts or disputes between companies, the purchase or sale of goods, the exploitation of oil or gas, the purchase or exchange of shares, intellectual property and insurance affairs.

The court will have two seats, one in Limassol and one in Nicosia, but as the minister said, there would be consultations with the Supreme Court. The Commercial Court will also have a separate structure and will operate outside the District Courts.

There will be a “fast track” procedure, which can be completed at first instance up to 18 months.

Nicolaou said his ministry was preparing a bill which would be re-examined, and would next week be submitted for consultation to interested parties such as the Cyprus Bar Association, CIPA and others who have expressed interest in the establishment of a Commercial Court.

The aim is for the bill to be submitted to the House immediately after the summer, so that the discussion is completed in time to allow all preparatory work to take place and the Court to become operational at the beginning of 2018.

He said that in agreement with the minister of finance a number of judges would be provided for in the budget who will set up and work in the Commercial Court.

“Our country wants to be considered as a place which provides services and that is why we have to create the appropriate conditions and judicial procedures, which will give the opportunity for these cases to be heard before the Court within a short period of time,” said Nicolaou.

“In this way we will be able to attract additional investments, entrepreneurs and companies interested in registering or operating in Cyprus from abroad.”

The minister also said that there would be a possibility to hear disputes arising from transactions abroad when the parties have agreed that the dispute should be judged on the basis of Cypriot law and by the Commercial Court of Cyprus.

Editor’s comment

The subject of enhancing the efficiency of court applications was mentioned in various Memoranda of Agreements between Cyprus and the troika of international lenders. For example, the MoU dated September 2015 stated:

“Within the competencies of the Ministry of Justice and Public Order a consultation committee, comprising of all relevant stakeholders, will be established with the purpose of examining and making recommendations aimed at:

(i) the enhancement of the efficiency of court applications in civil and commercial cases

(ii) improved and speedier enforcement of court decisions in civil and commercial actions, inter alia, by improved powers for enforcement agents and

(iii) enhancement of the availability of financial information to Courts and enforcement agents in the context of the enforcement of court decisions.

The consultation committee will work in close cooperation with the courts service. Relevant amendments to the Civil Procedure Law and any other laws, if deemed necessary, will be adopted by the Council of Ministers by end-March 2016, following consultation with programme partners.

The authorities will request appropriate technical assistance from the programme partners in this regard.”

Limassol looks to Marseille for inspiration

Limassol looks to Marseille for inspirationLIMASSOL looks set to adopt Marseilles’ Euroméditerranée project between the Limassol Marina and the new Limassol port, according to reports in the Phileleftheros on Monday.

Euroméditerranée is the largest urban town planning project undertaken in southern Europe in an underdeveloped part of Marseille, which at the time of the first phase of the project in 1995 was suffering from abandonment, unemployment and other social problems.

The Euroméditerranée project was recently presented at an event to promote the redevelopment of the Aktaia Street region for tourism and other investment projects by the Limassol Municipality in cooperation with the Marseilles municipality, the Limassol Chamber of Commerce and the French-Cypriot Commercial Chamber of Marseilles.

The objective of the event was to present and discuss various plans and approaches on an international level for the rational and innovative development of Limassol’s coastal strip.

The Euroméditerranée project was presented by Marseilles’ deputy mayor Lauren Agnes Caradec and Euromeditarranee director Alexandre Sorrentino.

According to the advice given by the representatives of the Marseilles municipality, Limassol needs to give emphasis on strategic developments which develop infrastructure, commercial activity and new technologies which will change and develop her identity.

Caradec emphasised the use of modern architecture which strives to develop public places which upgrade the quality of life for the citizens in the area and the revival of the city through innovative developments and creating a new city model.

Relating to the development of Marseilles, “we tried to create a city which would develop through a technological plan taking into account energy conservation, different uses, the construction methods and the management of parking lots,” said Caradec.

The expertise behind the project is readily and freely available to the Limassol Municipality with Caradec extending an invitation to Limassol’s Mayor Nicos Nicolaides and his council to visit Marseilles, which is also Limassol’s twin city, to have first-hand experience of the Euroméditerranée project.

Sorrentino gave an analytical presentation of the Marseilles Euroméditerranée project which covers 4,800 acres between the city’s historic centre and the city’s port.

The first phase of the project lasted from 1995-2013 and concentrated on a poorly developed area in the city, much of it abandoned, with high levels of unemployment and other serious social issues.

Touching on various aspects of the project such as population density, the amount of structural development, public space, commercial development and traffic regulation and new job opportunities, Sorrentino showed how Marseilles has been developed into a modern, viable and environmental friendly city.

Copyright © 2017 Phileleftheros Public Company Ltd

Cyprus attracting more overseas interest

Cyprus property attracting more overseas interestCYPRUS moved up 12 places in the TheMoveChannel.com’s Top of the Props index in March 2017 to become the sixth most sought after location by overseas property investors.

Foreign buyers returned to the island’s property market at the end of 2016, with enquiries rising 22 per cent in the second half of the year. Enquiries faltered at the start of 2017, but buyers are now showing signs of returning in greater numbers.

In real terms, enquiries for Cypriot property rose by more than 50 per cent in Q1 2017 compared to Q4 2016. The country accounted for 3.03 per cent of enquiries, its highest share in two years.

“Foreign demand for Cypriot real estate is showing signs of strengthening again in 2017,” commented TheMoveChannel.com Director Dan Johnson. “Interest climbed in the final months of 2016, possibly fuelled by buyers racing to beat the deadline for a Capital Gains Tax incentive at the end of the year.

“Interest softened at the start of 2017, but enquiries have grown once more in March, without the impetus of the tax deadline. With prices bottoming out and climbing across almost all regions, according to multiple indices, conditions in the island’s market are certainly improving, which is beginning to bring back investors.

“The island’s Golden Visa scheme is also helping to drive recovering demand, with buyers on TheMoveChannel.com particularly interested in citizenship investment opportunities.”

Rank Country Share (%age) Change
1 USA 7.89 Up 2
2 Spain 6.01 Down 1
3 Indonesia 5.98 Up 3
4 Portugal 3.96 No change
5 UAE 3.4 Down 3
6 Cyprus 3.03 Up 12
7 Croatia 2.69 Up 27
8 FRANCE 1.47 Down 1
9 Italy 1.47 Down 4
10 Germany 1.39 No change
11 Turkey 1.26 Down 2
12 India 1.02 Up 2
13 Cape Verde 0.84 Down 1
14 Bulgaria 0.68 Up 1
15 New Zealand 0.54 Up 14
16 Greece 0.53 Up 15
17 Barbados 0.51 Up 15
18 Thailand 0.43 Up 1
19 Australia 0.38 Up 2
20 Canada 0.34 Down 7
21 Slovenia 0.22 Down 10
22 Montenegro 0.18 Up 11
23 Azerbaijan 0.16 No change
24 Malta 0.15 Down 2
25 Hungary 0.14 Up 2
26 South Africa 0.14 Up 15
27 Morocco 0.14 Down 11
28 Switzerland 0.12 Down 8
29 Vietnam 0.12 Up 1
30 Singapore 0.11 Down 22
31 Sri Lanka 0.11 Up 13
32 Mauritius 0.07 No change
33 Romania 0.07 Up 9
34 Tunisia 0.06 No change
35 Ireland 0.05 No change
36 Albania 0.05 Down 19
37 Brazil 0.04 Down 14
38 Philippines 0.04 Down 1
39 Egypt 0.04 Down 4
40 Panama 0.04 No change
41 Latvia 0.02 Down 3
42 Russia 0.02 Down 14
43 Finland 0.02 No change
44 Cayman Islands 0.02 No change
45 Austria 0.02 No change
46 Mexico 0.02 Up 2
47 Poland 0.02 Down 11
48 Colombia 0.01 No change
49 Bahamas 0.01 Down 23

About Lead Galaxy and TheMoveChannel.com

Founded in 1999, www.TheMoveChannel.com is the leading independent website for international property, with more than 800,000 listings in over 100 countries around the world, marketed on behalf of agents, developers and private owners.

TheMoveChannel.com is one of more than a dozen international property sites operated under the Lead Galaxy brand. Lead Galaxy provides online marketing solutions to thousands of property companies worldwide, focusing on portal listings, email marketing, qualified leads, paid search and social media advertising.

Limassol casino contracts imminent

Cyprus casinoCYPRUS should get its first casinos later this year when the Melco-Hard Rock consortium, comprising Melco-Hard Rock and Cyprus Phassouri (Zakaki) Limited, signs contracts later this month.

A temporary casino will open in Limassol in October 2017 and will operate until the multi-million Euro casino, which will be built next to My Mall at Zakaki, opens for business in 2020.

The coordinating committee expects to complete its due diligence checks in the next few days and submit its report to the Council of Ministers (Cabinet).

After the contracts have been signed, the National Gaming and Casino Supervision Commission will issue the consortium with the appropriate operating licences.

The licence will allow the consortium to operate a casino license for 30 years (as a monopoly for the first 15), while the group plans to build and operate a luxury 500-room hotel offering up to 1,000 slots as well as 100 table games and four satellite casinos and three slot-machine parlours.

If all goes according to plan four satellite casinos will open in July 2017, the largest will be in Nicosia with 50 slot-machines and 5 gaming tables. The three slot-machine parlours will open in Paphos, Larnaca and Famagusta districts. The precise locations for these satellites and parlours has yet to be determined.

The projects are expected to create thousands of jobs with a capital investment in excess of €500 million.

Hard Rock International has venues in 71 countries, 168 cafes, 23 hotels and 11 casinos. Beginning with an Eric Clapton guitar, Hard Rock owns the world’s greatest collection of music memorabilia, which is displayed at its locations around the globe. The company owns, operates and franchises cafes in numerous cities including London, New York, San Francisco, Sydney and Dubai. It also owns, licenses and/or manages hotel/casino properties worldwide. Destinations include the company’s two most successful Hotel and Casino properties in Tampa and Hollywood, as well as other locations including Bali, Chicago, Cancun, Ibiza, Las Vegas, Macau and San Diego.

Cyprus Phassouri (Zakaki) Limited (“CPZL”), is a member of the CNS Group which, amongst others, conducts different businesses including real estate, telecommunications, dairy, large scale farming and export and mining in Cyprus. The group has a chain of hotels in Greece and the AKS Annabelle Beach Resort on the Greek island of Crete.

[youtube=https://www.youtube.com/watch?v=Ue2XVj6XkZc &w=470&rel=0]

Paphos marina project delayed again

Further delay to Paphos Marina projectALTHOUGH the Poseidon consortium won a legal battle to build the long awaited Paphos marina, the consortium has failed to supply adequate evidence of its ability to finance the project according to the head of the Paphos Chamber of Commerce Andreas Demetriades and has been rejected.

Demetriades advised that Pafilia Developers, which was next on the list of tenders, has been invited to tender for the marina’s construction and operation.

But the Poseidon consortium, in which Aristo Developers is a major stakeholder, is not throwing in the towel; it is appealing to the island’s Supreme Court claiming that the decision is unlawful and has already instructed its legal advisors.

The Paphos marina project has been dogged by delays and postponements.

In 2008 the contract was initially awarded to the Cybarco Pandora consortium of which the Leptos Group was a member. The two other bidders, Poseidon and Pafilia, contested the award claiming that the Cybarco Pandora consortium used insider information that enabled it to bid a lower figure.

Eventually, in May 2016, the marina contract was awarded to Poseidon. Although the consortium secured a letter from the Bank of Cyprus in which the bank guaranteed to fund the entire project, it appears that that it was unable to demonstrate that it had €122 million or 60 per cent of the total project cost of €215 million.

When it’s built, the marina will have a capacity of 1,000 berths for boats and more than 42,000 sqm. of commercial and housing development. It will be located in Potima Bay in Kissonerga in an area 155,000 square metres. The project will take approximately three years to be completed.

Europe’s Golden Visa schemes

Europes golden visa schemes have risks and rewards
Mainland Chinese are the most active investors in EU countries that issue golden visas

FROM replicas of Tuscan villages in Thailand to recreations of Venetian canals in Macau, European-themed real estate has long been coveted in Asia. And now, thanks to a growing number of “golden visa” schemes in southern Europe, investors from Asia can live out their Mediterranean dream for real.

These programmes, designed by governments to funnel significant sums of cash into their ailing economies, essentially sell the freedom to live and work within the European Union.

For Asian investors, these schemes are proving hugely enticing. Not only do these visas or residence permits come with sweeteners such as exemptions on capital gains tax and duties on property transfer, they also dangle the carrot of citizenship in the prospective country and, consequently, the EU.

Investors from Asia have not been slow on the uptake for these schemes. One of the pioneers of the golden visa initiative, Portugal, has witnessed €1.53 billion (USD1.66billion) in home sales since its scheme got underway in 2012. Of the more than 2,700 Portuguese golden visas issued, almost 80 percent have been snapped up by Chinese nationals, according to the country’s Real Estate Professionals and Brokers Association.

Chinese investment in Cyprus property surged 351 percent a year after the introduction of its ‘Golden Visa scheme

Chinese property investment even surged 351 percent in Cyprus a year after it introduced its scheme in 2014, according to data from property portal Juwai.com. The country has the fastest citizenship-by-investment route in Europe, with applicants obtaining a Cypriot passport within a three-month span. Aspiring citizens must be prepared to invest at least €2 million (USD2.1 million), including the purchase of a €500,000 home.

These investments are inherently risky since they are siphoned into economies that are still convalescing from recent downturns.

At €250,000 (USD335,000), the minimum property investment threshold for a golden Greek visa is the lowest in all of Europe. The situation in Greece, which is still reeling from the effects of a sovereign debt crisis, is also affecting neighbouring Cyprus, which exited its bailout programme last year.

“The risk is definitely higher in Greece than in Cyprus,” says Liana Toumazou, Royal Institution of Chartered Surveyors (RICS) country manager for Cyprus and Greece. “In Greece locals are not buying because every day they are confronted with a new tax.”

Golden visa schemes have suffered other birthing pains. Following allegations of corruption in the programme in 2014, the Portuguese government passed legislative changes that have dragged down the release of visas, reportedly at a rate of two per day.

“The government is inefficient but it’s aware of the problem,” says David Machado, real estate advisor and founder of PTGoldenVisa.com. “The solution is for the government to hire more people because the programme has created such a huge demand in many markets. But the process of hiring people itself, let alone training them, can also be very slow.

Processing visas is a very specific job to do. We cannot expect a random person to do it.”

Additionally, given the rise of nationalist sentiment in post-Brexit Europe, xenophobic resentments against foreign investors have flared. “You have some old minds, small minds – conservative people who are not open to outside investors,” Toumazou says.

Some of the issues that face visa-seeking Chinese buyers stem from their compatriots. “Chinese real estate agents ask the developers to increase the value of the property to cover the commission of the intermediary,” says Georgia Georgalla, partner at Nicosia-based law firm G. Georgalla & Associates. “When the Chinese buyers try to sell their property after three to four years, they realise their mistake: They are selling it below what they have paid for. The property will have been overvalued by 25 percent.”

Overall, golden visa seekers have stoked meteoric capital gains. Values rose 12.4 percent in 2015 in Lisbon alone, Machado reported. Meanwhile, luxury beachfront properties in Cyprus have appreciated by 30 percent within the last three years, selling between €4,000 to €6,000 (USD4,400-6,600) per square metre, according to data from the Cyprus Developers Alliance, an association of national real estate developers.

An overlap in demand from locals and foreign buyers is unlikely. “Not all locals can afford this type of property. Not before the crisis, not now, not after,” Toumazou says.

In fact, the liquidity of beachfront villas in Cyprus, which fetch prices of €10,000 (USD11,000) per square metre, is low.

“They may wait for a new buyer for years,” says David Petrosov, director of Cyprus Developers Alliance. “These villas are designed for a narrow target audience, families who have decided to move to Cyprus and live here permanently. As soon as many people who want to do that, the number of potential buyers is limited.”

Chinese buyers themselves tend not to occupy these homes, says Georgalla. Many purchase exclusive villas in Cyprus, often off-plan, but only come to the country every two years just to maintain their permanent residency status. Those who rent out such empty homes stand to enjoy remarkable rental yields though, which reach as high as 10 percent in Portugal, according to Ideal Homes Portugal.

It’s not a matter of just bringing in money. It’s a matter of bringing a country back to normal

Governments have been spooked by the prospect of investors using their newly bought citizenship as a backdoor route to other EU nations. “They are fine-tuning laws because it’s not a matter of just bringing in money,” Toumazou says. “It’s a matter of bringing a country back to normal. They don’t just want people to come in and buy a visa. They want people to come and actually live here, to invest, to encourage commerce.”

With an appetite for risk and enough money to strike gold, the route to Europe has rarely been clearer for wealthy Asian investors.

(First published in Asia Property Report)