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ARTICLE · 05 JUNE 2020

Malta Litigation

This country-specific Q&A provides an overview to litigation laws and regulations that may occur in Malta.

MaltaLitigation, Mediation & Arbitration

1. What are the main methods of resolving commercial disputes?

Litigation of commercial disputes in Malta generally takes place before the Superior Courts of Malta at both first and second instance, however, specialised tribunals do exist that may be vested with special jurisdiction over disputes of a specific nature. The Inferior Courts have jurisdiction over claims of lower monetary value.

Parties may also agree to resolve their dispute in arbitration, either prior to any dispute arising or after a dispute has already arisen. Arbitration in Malta tends to be more efficient and more specialised than litigation, with the possibility of appointing arbitrators with particular technical or industry knowledge and experience. Moreover, since Malta is a signatory to the New York Convention (1958), any arbitral award resulting from arbitral proceedings having their seat in Malta may be fully recognised and enforced in other Contracting States to that Convention.

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