
Questions and answers about Dispute Resolution and Arbitration Law
How do I enforce a Maltese court judgment against someone who moved abroad? 1 answer
1 answerI won a civil case in Malta against someone who owed me a significant amount of money, but shortly after the judgment, they moved to another EU country and I’m not sure how to actually collect what I’m owed now that they’re no longer here. Does the judgment become useless once they leave Malta?
Is a settlement agreement reached outside court legally enforceable in Malta? 1 answer
1 answerI reached a settlement agreement directly with the other party in a business dispute in Malta, without going through formal court or arbitration proceedings, just through direct negotiation between our lawyers. Is this kind of privately negotiated settlement actually enforceable if the other side later doesn’t comply with it?
I’m in a business disagreement with a former partner in Malta and a mutual acquaintance suggested we try mediation, while my lawyer mentioned arbitration might also be an option under our agreement. I don’t fully understand the practical difference between the two processes.
What happens during the ‘compilation of evidence’ stage in a Maltese court case? 1 answer
1 answerI’ve heard the term ‘compilation of evidence’ mentioned in relation to a legal matter in Malta and I don’t fully understand what this actually involves or how it fits into the broader court process. Can you explain what happens at this stage?
I’m considering filing a civil claim in Malta over a contractual dispute involving a reasonably significant amount of money, but before committing to litigation, I want a realistic sense of how long court proceedings actually tend to take here, since I’ve heard mixed things.
Can I include an arbitration clause in a contract with a consumer in Malta? 1 answer
1 answerI run a small business in Malta and I’m drafting standard contracts for use with individual consumers, not other businesses. I was thinking of including a mandatory arbitration clause requiring any dispute to go through arbitration rather than court. Is this actually enforceable against consumers under Maltese law?
I’m considering pursuing a commercial dispute in Malta either through arbitration or the ordinary courts, and cost is a significant factor for me given the amount involved isn’t huge. I keep hearing arbitration is faster but I’m not sure if it’s actually cheaper for a relatively modest-value dispute.
Can I be forced into arbitration if my contract has an arbitration clause? 1 answer
1 answerI signed a commercial contract with a supplier in Malta that includes a clause saying any dispute must go to arbitration rather than court. Now that we have an actual dispute over a delayed delivery, I’d rather just sue them in the ordinary courts, which feels more familiar to me. Can I ignore the arbitration clause and go straight to court instead?
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