The interpretation of ‘Pre-Existing Medical Condition’ clauses in travel insurance policies
On 5 February 2025, the Court of Appeal (in its inferior jurisdiction), delivered its final judgment in the case of ‘D.M. v X Insurance’ which related to an appeal filed by X Insurance (the “Insurer”).
Malta Ship Registry to issue electronic certificates effective 1 June 2025
On 12 May 2025, the Merchant Shipping Directorate of Transport Malta issued Merchant Shipping Notice 193, which introduces a significant regulatory development concerning the issuance and legal recognition of statutory certificates by the Malta Ship Registry.
Salvage claims and debt recovery: Legal perspectives on compensation obligations
Introduction In ‘Sandy Yacht Marina Limited v. Bastiment M/Y Leymour’ decided by the First Hall of the Civil Court (the “Court”) on 27th March 2025, the Court held that defining whether services qualify as ‘salvage’ is a key consideration to make when determining the payment of salvage services.
The validity of post-insolvency transactions: Interpreting Article 31(1) of the EU Regulation on Insolvency Proceedings
On 27th March 2025, the Court of Justice of the European Union (“CJEU”) delivered a ruling in the case Matthäus Metzler, acting as insolvency practitioner in insolvency proceedings vs. Auto1 European Cars BV (Case C‑186/24) concerning the interpretation of Article 31(1) of Regulation (EU) 2015/848 of the European Parliament and of the Council of 20 May 2015 on insolvency proceedings (the …
Overview of Hong Kong’s Stablecoins Bill
On 6 December 2024, the Hong Kong government published the Stablecoins Bill, which aims to establish a comprehensive licensing regime and regulatory framework for specified stablecoins in Hong Kong. The Stablecoins Bill follows the consultation conclusions jointly published by the Hong Kong Monetary Authority (HKMA) and the Financial Services and the Treasury Bureau on 17 July …
Hong Kong’s initiatives to accelerate tokenisation of real-world assets
In the context of tokenisation, a “real-world asset” refers to a physical asset or a traditional financial asset that is represented digitally on a blockchain. These assets may include equities, bonds, financial instruments, and funds, as well as non-financial assets such as real estate, intellectual property, natural resources, art pieces or even income streams.
Hong Kong has set to launch an inward company re-domiciliation regime
By Rossana Chu and Beverly Fu The Hong Kong Government announced that the law to enable non-Hong Kong companies to re-domicile to Hong Kong will take effect on 23 May 2025. This will help bolster the city’s status as a global business and financial hub and an open and competitive economy.
Dubai Court of Cassation upholds Arbitral Tribunal’s Authority to Issue Anti-Suit Injunctions
Introduction In a significant achievement, Galadari Advocates & Legal Consultants successfully represented a party to a UAE-seated ICC arbitration before the Dubai Court of Cassation resulting in a pioneering decision upholding the authority of arbitral tribunals to issue anti-suit injunctions.
The Court of Appeal opines on contingent liabilities in the context of Guarantees of Peaceful Possession
Introduction In ‘Ruth Magro v. Ir-Registratur tal-Kumpanniji’ decided by the Court of Appeal on the 25th of February 2025, the Court of Appeal held that the guarantee of peaceful possession granted by the seller to the buyer in the context of a real estate transaction does not amount to a contingent liability, where such guarantee is …
Extending fiduciary duties: the Court’s recognition of employees’ fiduciary duties in Associated Supplies Limited vs Joseph Mizzi
On March 11, 2025, the Maltese Court of Appeal delivered a landmark judgement in Associated Supplies Limited vs. Joseph Mizzi, clarifying the scope of fiduciary duties under Maltese law. The court emphasised that such obligations extend beyond directors and trustees to include employees in key managerial positions or high-responsibility roles. The Court held that such duties …