Malta: Litigation, Mediation & Arbitration

Through Legal Notice 97 of 2026, Malta introduced amendments to the Double Taxation Relief on Taxes on Income with Romania Order.

Malta has formally brought into force amendments to its double taxation agreement with the Republic of San Marino, marking another step in the country’s ongoing efforts to strengthen international tax cooperation...

On 3 July 2026, the Dutch Supreme Court (Hoge Raad) delivered its long-awaited judgment in the joined cases 25/00202and 25/00204, concerning claims brought by Dutch players against Malta-based gaming operators TSG...

Under Maltese company law, creditors holding at least one-fourth of a company's debt value have the statutory right to request a meeting to potentially replace the Official Receiver as liquidator. This mechanism provides creditors with meaningful influence over the liquidation process, particularly when specialized expertise or a different approach to asset recovery is needed.

Malta's Commercial Court has been re-established as a superior court with extensive jurisdiction over commercial disputes, maritime matters, aviation claims, and intellectual property cases. The reform introduces significant changes to how commercial litigation will be handled, though certain aspects of the Court's scope remain subject to interpretation. Practitioners must carefully navigate the new jurisdictional framework to ensure cases are filed in the appropriate forum.

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 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...

On 3 July 2026, the Dutch Supreme Court (Hoge Raad) delivered its long-awaited judgment in the joined cases 25/00202and 25/00204, concerning claims brought by Dutch players against Malta-based gaming operators TSG...

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.