Questions and answers about Dispute Resolution and Arbitration 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 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 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 if the other party in an arbitration simply refuses to participate? 1 answer
1 answerI initiated arbitration proceedings against a business partner in Malta based on a clause in our shareholders’ agreement, but they are simply refusing to engage with the process at all, not appointing an arbitrator, not responding to correspondence, nothing. Does this mean the arbitration just collapses?
I obtained an arbitration award against a company through arbitration proceedings conducted in another country, and that company has assets in Malta that I now want to pursue to actually recover what I’m owed. Can a foreign arbitration award be enforced here, or would I need to essentially start over in the Maltese courts?
Can I use the Small Claims Tribunal for a dispute with a Maltese business? 1 answer
1 answerI have a relatively modest dispute with a local business in Malta over money I believe I’m owed, nothing enormous, but enough that I want to pursue it properly. Someone mentioned the Small Claims Tribunal as an option, but I’m not sure what kinds of disputes it actually covers or what the monetary limit is.
Can I take a landlord-tenant dispute to the Malta Arbitration Centre? 1 answer
1 answerI’m having a serious ongoing dispute with my landlord in Malta over repairs he refuses to carry out despite them being clearly his responsibility. Someone mentioned arbitration as an option and I’m wondering whether the Malta Arbitration Centre actually handles this type of residential dispute, or whether that’s not really what it’s for.
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?
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