Malta: Litigation, Mediation & Arbitration

A recent Court of Justice of the European Union ruling clarifies how courts may assess enforcement risks in cross-border disputes, particularly when creditors face legislative barriers in the debtor's jurisdiction. The judgment addresses whether past conduct and national laws impeding enforcement can be considered when evaluating applications for European Account Preservation Orders.

The right of access has long occupied a central position within the General Data Protection Regulation (GDPR). Enshrined in Article 15, it enables individuals to obtain confirmation as to whether their personal data...

Malta and Bulgaria have amended their double taxation treaty to align the Mutual Agreement Procedure with OECD standards, introducing a justification requirement that was conspicuously absent from the original text. While this change brings the treaty into conformity with international practice, the absence of mandatory arbitration provisions means taxpayers still lack a binding dispute resolution mechanism if competent authorities reach an impasse.

A recent Court of Justice of the European Union ruling clarifies how courts may assess enforcement risks in cross-border disputes, particularly when creditors face legislative barriers in the debtor's jurisdiction. The judgment addresses whether past conduct and national laws impeding enforcement can be considered when evaluating applications for European Account Preservation Orders.

The Civil Court, First Hall (Constitutional Jurisdiction), in the judgment Phoenix Payments Limited (now Lazarus Long Limited) v the Malta Financial Services Authority and the State Advocate...

The Court of Appeal has revisited the essential elements of the actio rei vindicatoria, clarifying the burden of proof required to establish ownership in property disputes.

The Maltese Court of Appeal has delivered a significant judgment addressing the scope of shipper liability under bills of lading, the interpretation of the term "Merchant" in shipping contracts...

A Maltese court examines the strict requirements and time limits governing claims for latent defects in movable property sales, clarifying when buyers can seek rescission and restitution of purchase price under the actio redhibitoria remedy.

A 23 April 2026 opinion by the Court of Justice of the European Union’s Advocate General Emiliou in Case C‑683/24 Spielerschutz Sigma is the latest pronouncement from the CJEU in the lengthy EU law...

Malta's comprehensive maritime legal framework governs marine casualties through domestic legislation and international conventions, establishing clear protocols for investigations, liability determinations, and wreck removal. Understanding the interplay between the Merchant Shipping Act, international conventions like SOLAS and the Nairobi Wreck Removal Convention, and Malta's unique position as a major flag state is essential for shipowners, P&I clubs, and maritime practitioners navigating casualty respon

The Court of Appeal has revisited the essential elements of the actio rei vindicatoria, clarifying the burden of proof required to establish ownership in property disputes.

Malta’s reform of Wage Regulation Orders (WROs) marks a significant step towards modernising sector-specific employment rules. Now redesignated as Conditions of Work Regulation Orders, the reform aims to simplify existing frameworks...