Can I include an arbitration clause in a contract with a consumer in Malta?
- 05.06.2026
I 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?
Generally, no, not unilaterally. Under the Arbitration Act, Chapter 387 of the Laws of Malta, a valid, written arbitration agreement is binding on the parties, and if you attempt to bring proceedings in the ordinary courts despite an existing arbitration clause covering the dispute, the other party can typically apply to have those court proceedings stayed in favour of arbitration, since Maltese courts generally respect and enforce properly concluded arbitration agreements rather than allowing a party to simply bypass them because court litigation feels more familiar. The main exceptions where a court might still proceed are situations where the arbitration clause itself is found to be invalid, unenforceable, or does not actually cover the specific dispute in question, which is why the exact wording of your arbitration clause matters considerably. Before deciding how to proceed, it would be worth having a lawyer review the specific arbitration clause in your contract to confirm it clearly covers this type of dispute and is validly drafted, and if so, begin the arbitration process by filing a notice with the Malta Arbitration Centre, which administers domestic arbitrations conducted under Maltese law.
This website uses cookies to personalize content and advertising messages, collect analytics, and for other purposes. You can read our cookie policy. If you agree to the use of cookies, click "Accept".