Commercial Litigation in Malta

The Maltese civil and commercial legislation contains provisions on the resolution of litigation. While the Civil Law provides for the settlement of contractual litigation through court proceedings, the Commercial Law contains provisions on the resolution of commercial disputes related to consumer claims and doorstep contracts. However, commercial litigation is more extensive than the cases mentioned above. Commercial litigation in Malta may also refer to shareholders’ disputes and debt collection matters.

Our Maltese attorneys can offer more information on all types of commercial disputes a company or an individual could face.

Court proceedings in commercial disputes in Malta

Malta’s judicial system is comprised of inferior and superior courts. Most commercial litigation cases are heard by the Civil Court which can rule in disputes with claims of more than approximately 11,600 euros. Commercial claims below this threshold will be treated by the inferior courts in Malta. The country has also enabled a Small Claims Tribunal which hears cases where the value of claims is below 3,494 euros.

Before starting court proceedings, the judge will ask the parties involved in a commercial dispute to reach an agreement. Only after the parties have declined or have not reached a settlement, the judge will begin hearing the case and revising the evidence submitted by the litigant parties. Based on the evidence and testimony of the parties, the judge will issue a ruling which will usually consist in a remedy.

Remedies for commercial litigation in Malta

According to the Maltese Civil Law, there are several remedies a judge can offer in the case of a commercial dispute. Among these are the warrants, which can be:

• -          of seizure;
• -          of description;
• -          of arrest;
• -          of injunction.

In the case of commercial litigation related to contracts concluded in Malta, the court can also rule for the contract to be carried to term in the case of a sale or any amount contained in the contract to be paid. The judge can also rule for the full performance of a contract in other cases.

For complete information on the settlement of commercial disputes, please feel free to contact our law firm in Malta. Our litigation attorneys in Malta also offer legal assistance in commercial disputes.