On May 2 2018 the Supreme Court of Cyprus found that the Cyprus
courts have jurisdiction to adjudicate cases relating to claims arising in the
Cyprus exclusive economic zone (EEZ). The judgment was issued in Andrew
Burness v Saipem SpA,
which was filed in the admiralty jurisdiction of the Supreme Court.
Facts
Andrew Burness filed an action in personam against Saipem
SpA, claiming general and special damages for the personal injuries and harm
that he had suffered following an accident on board the vessel Saipem 1000 in
the Cyprus EEZ. The defendants filed an application to set aside the
plaintiff's writ of summons alleging that the court did not have jurisdiction
to hear the case.
The court considered two main issues in order to decide on the
matter of jurisdiction:
·
Do accidents which take place in the Cyprus EEZ give
jurisdiction to the Cyprus courts?
·
Was Cyprus the most appropriate court to hear the present case
based on the principle of forum conveniens?
As regards the first issue, the court considered that when the
accident had occurred:
·
the plaintiff had been working on the vessel, conducting
research on the natural resources of the subsoil of the Cyprus Continental
Shelf; and
·
the vessel had been located within the Cyprus EEZ.
According to the United Nations Convention on the Law of the Sea
1982, which applies in Cyprus, the continental shelf of a coastal state (in
this case, Cyprus) constitutes the natural prolongation of its land territory.
The Law on the Exclusive Economic Zone and Continental Shelf of 2004(2) provides that the
outer edge of the Cyprus Continental Shelf is also the boundary of the Cyprus
EEZ. Article 56 of the convention provides that:
"1. In the exclusive economic
zone, the coastal State has: (a) sovereign rights for the purpose of exploring
and exploiting, conserving and managing the natural resources, whether living
or non-living, of the waters superjacent to the seabed and of the seabed and
its subsoil, and with regard to other activities for the economic exploitation
and exploration of the zone, such as the production of energy from the water,
currents and winds; (b) jurisdiction as provided for in the relevant provisions
of this Convention with regard to: (i) the establishment and use of artificial
islands, installations and structures; (ii) marine scientific research; (iii)
the protection and preservation of the marine environment; (c) other rights and
duties provided for in this Convention.
2. In exercising its rights and
performing its duties under this Convention in the exclusive economic zone, the
coastal State shall have due regard to the rights and duties of other States
and shall act in a manner compatible with the provisions of this
Convention".
Article 60 of the convention provides that:
"1. In the exclusive economic
zone, the coastal State shall have the exclusive right to construct and to
authorize and regulate the construction, operation and use of: (a) artificial
islands; (b) installations and structures for the purposes provided for in
article 56 and other economic purposes; (c) installations and structures which
may interfere with the exercise of the rights of the coastal State in the zone.
2. The coastal State shall have
exclusive jurisdiction over such artificial islands, installations and
structures, including jurisdiction with regard to customs, fiscal, health,
safety and immigration laws and regulations."
The court also considered Herbert Weber v Universal Ogden
Services Ltd,(3) in which the
European Court of Justice decided that activities conducted by an employee on
the continental shelf of a member state in the course of prospection or
exploitation of its natural resources must be considered as having occurred
within the member state concerned. Based on these principles – and by
determining that there was a connection between the accident and the research
and exploitation of natural resources on the Cyprus Continental Shelf, which
constitutes part of Cyprus – the court concluded that it had jurisdiction to
adjudicate on the dispute between the parties.
The second issue raised by the defendant to contest the court's
jurisdiction was the forum conveniens. It contended that, as neither of
the parties nor any of the witnesses were Cypriot nationals, the claim had no
connection with Cyprus. The court disagreed with this argument on the grounds
that, as stated above, the civil wrong from which most of the evidence had
arisen had occurred in Cyprus. Further, the court stated that none of the
courts of the countries of which the witnesses were citizens, or in which the
companies and insurers involved in the claim were based, had a closer or more
substantial connection with the action than the Cyprus courts.
The court decided that it has jurisdiction to hear disputes
regarding accidents which occur within its territory, including the Cyprus EEZ,
provided that the accident concerns the prospection or exploitation of Cyprus's
natural resources.
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