Can I include an arbitration clause in a contract with a consumer in Malta?

Mandatory pre-dispute arbitration clauses in consumer contracts face significantly more scrutiny under Maltese law than similar clauses between businesses, since consumer protection principles connected to the Consumer Affairs Act, Chapter 378 of the Laws of Malta, and the broader framework on unfair contract terms are specifically designed to prevent traders from using standard-form contract terms to unfairly strip consumers of their normal access to courts or established consumer dispute resolution bodies such as the Consumer Claims Tribunal, meaning a blanket mandatory arbitration clause imposed on consumers without genuine negotiation risks being found unenforceable as an unfair term. Even where arbitration between businesses is generally favoured and enforced robustly under the Arbitration Act, Chapter 387 of the Laws of Malta, this more permissive approach does not automatically transfer to consumer contracts, where the imbalance of bargaining power is specifically what consumer protection law is designed to address. Before including such a clause in your standard consumer contracts, it would be strongly advisable to have a lawyer review it against current Maltese consumer protection rules, since an unenforceable clause included as standard practice could itself expose your business to regulatory scrutiny from the Malta Competition and Consumer Affairs Authority (MCCAA).