The Establishment of a Commercial Court in Malta

The Establishment of a Commercial Court in Malta

Employment and Industrial Relations

On the 23rd March 2018 a joint Press Release was issued by The Ministry for Justice, Culture and Local Government and the Parliamentary Secretariat for Financial Services, Digital Economy and Innovation, confirming that, pursuant to an agreement with the Malta judiciary and approval by Parliament, a new Commercial section of the Civil Court will enter into force on 9th April 2018.

The establishment of the Commercial Court is welcomed by the various players involved in the thriving gaming and financial services industries since it should result in a decrease in bureaucratic procedures for businesses wishing to file judicial proceedings in Malta

The Commercial Court will be tasked with hearing and adjudicating upon Company Law related matters governed by the Maltese Companies Act, including, inter alia bankruptcy, insolvency and winding-up proceedings. It is being set up with a view to enhancing the efficiency and quality of the Maltese Courts by providing a more specialised and accessible judicial service to citizens running a business as well as companies in commercial disputes.

Up until now, lawsuits of a commercial nature have been instituted before the First Hall Civil Court which is also the competent court to hear all cases of a civil nature. The establishment of the Commercial Court has therefore been a long time coming and is welcomed by the various players involved in the thriving gaming and financial services industries since it should result in a decrease in bureaucratic procedures for businesses wishing to file judicial proceedings in Malta.  Moreover, the setting up of a Commercial Court effectively serves as an additional incentive for international businesses and companies to invest in Malta given that it creates a level of comfort knowing that their interests may be better and more expediently protected if a claim needs to be pursued.

This will effectively guarantee a more convenient and efficient service to all parties involved in the judicial proceedings

Furthermore, it is expected that a legal notice will come into force in the near future in order to govern the implementation of a system which allows for the possibility of instituting a law suit by virtue of an online application in the Commercial division via the ecourts.gov.mt website. This will effectively guarantee a more convenient and efficient service to all parties involved in the judicial proceedings.

Contact Be. Legal Advocates for more information in respect of Malta’s corporate and commercial legal framework

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