- within Compliance, Real Estate and Construction and Antitrust/Competition Law topic(s)
- in United States
- with readers working within the Banking & Credit, Insurance and Oil & Gas industries
Malta has taken a significant step towards a more specialised framework for commercial dispute resolution with the enactment of Act No. IV of 2026 on 17 March 2026, formally paving the way for the re-establishment of a dedicated Commercial Court. This marks an important development in the handling of complex business disputes.
The Commercial Court will form part of the superior courts and will be presided over by a single judge. It shall be given broad jurisdiction over commercial matters, including disputes arising under the Commercial Code, the Companies Act and the Competition Act, as well as cases concerning merchant shipping and maritime issues, intellectual property rights, credit instruments (including bills of exchange and promissory notes), bankruptcy and related matters. Its competence is further extended to causes related to a wide range of specific statutes, such as the Civil Aviation Act, Merchant Shipping Act, Ports and Shipping Act, Banking Act, Financial Institutions Act, the Malta Competition and Consumer Affairs Authority Act, the Pre-Insolvency, the Copyright Act, the Patents and Designs Act, the Aircraft Registration Act and the Air Navigation Act, among others.
The Court will also hear actions in rem and in personam concerning ships and vessels, judicial sales and court-approved private sales of ships, seagoing vessels and aircraft, as well as matters relating to precautionary and executive warrants issued by the same court and certain functions linked to the recognition and enforcement of foreign arbitral awards. Once the Act comes into force, all pending cases before the Civil Court (Commercial Section) will be reassigned to the Commercial Court, and other civil proceedings that fall within its competence will also be transferred, save for those already at an advanced stage or adjourned for judgement. Judgements of the Commercial Court will be subject to appeal to the Court of Appeal.
What this means for your business
For businesses operating in Malta or using Malta as a platform for international activity, the Commercial Court is expected to provide a more specialised and consistent forum for resolving complex commercial disputes. In practice, this should translate into greater predictability, more efficient case management and decisions delivered by a court focused on commercial, financial, maritime, aviation and intellectual property matters. As the Court becomes operational, businesses and their advisers should review dispute resolution strategies and contractual provisions (including jurisdiction and arbitration clauses) to ensure that they take into account the new forum and its broad jurisdiction.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
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