Dispute Resolution

Over the years, the firm has built a strong and specialised dispute resolution team, allowing us to provide focused and effective assistance tailored to the specific nature of each dispute.

Chetcuti Cauchi advises clients on a broad range of disputes, including civil and commercial matters, corporate and shareholder disputes, shipping and maritime claims, financial services disputes, debt recovery, and intellectual property matters. Our approach is strategic, commercially minded, and focused on achieving practical outcomes that protect our clients’ interests.

Dispute Resolution in Malta

Malta has a long-established and well-developed legal system, shaped by a blend of civil and common law. Over time, Malta’s legal framework has evolved through Roman law foundations, continental European influences, and British legal principles.

Since Malta’s accession to the European Union in 2004, EU regulations and directives have become an integral part of the Maltese legal landscape. As a result, today, Malta operates a hybrid legal system.

Forms of Dispute Resolution in Malta

Malta offers several avenues for resolving disputes. While court litigation remains a common option, parties increasingly make use of alternative dispute resolution mechanisms depending on the nature, value, and complexity of the dispute.

Available options include court proceedings, arbitration, mediation, specialised tribunals and boards. Selecting the most appropriate forum is often key to achieving an efficient and cost-effective outcome.

The Maltese Judicial System

The Maltese judicial system comprises a range of courts and tribunals responsible for resolving different types of legal disputes. These include courts presided over by Judges and Magistrates, as well as specialised tribunals and adjudicatory bodies for specific matters.

The Courts of Justice in Malta are divided into Superior and Inferior Courts.

The Superior Courts include:

• the Constitutional Court
• the Court of Appeal
• the Court of Criminal Appeal
• the Criminal Court
• the First Hall of the Civil Court

The Inferior Courts consist of the Court of Magistrates in Malta and the Court of Magistrates in Gozo, with the latter exercising both inferior and, in certain cases, superior jurisdiction.

Our litigation team regularly represents clients before all levels of the Maltese courts, managing disputes with a focus on strategy, efficiency, and outcome.

Alternative Dispute Resolution

Malta also provides well-established alternatives to court litigation, commonly referred to as alternative dispute resolution (ADR). These methods are often chosen for their efficiency, confidentiality, and flexibility.

ADR mechanisms such as mediation and arbitration can offer faster and more discreet solutions, particularly where parties wish to preserve commercial relationships or avoid protracted litigation.

Arbitration in Malta

Arbitration in Malta is regulated by the Arbitration Act (Chapter 387 of the Laws of Malta), which provides the legislative framework for both domestic and international arbitration. The Act establishes the Malta Arbitration Centre (MAC), under whose auspices arbitrations seated in Malta are conducted.

Malta’s arbitration framework is aligned with international standards and incorporates key international conventions, making it an attractive forum for cross-border commercial disputes. Arbitration is frequently used in international contracts, offering parties a neutral, confidential, and enforceable method of dispute resolution.

In certain limited cases, Maltese law provides for mandatory arbitration, such as specific condominium disputes, to facilitate quicker and more cost-effective resolution.

Our Dispute Resolution Practice

Chetcuti Cauchi represents both local and international clients in dispute resolution matters across a wide range of sectors. We assist clients at every stage of a dispute,

from early risk assessment and negotiation to formal proceedings before courts or other forums.

Wherever possible, we seek to resolve disputes through negotiated or out-of-court solutions that protect value and minimise disruption. Where this is not achievable, we provide representation in litigation and arbitration proceedings.

Our team combines legal expertise with commercial insight, allowing us to tailor strategies that reflect our clients’ objectives and risk appetite.

Dispute Resolution Lawyers

Our Dispute Resolution lawyers place strong emphasis on constructive and pragmatic solutions. Depending on the circumstances, an out-of-court settlement may offer the most advantageous outcome. However, we are fully prepared to pursue or defend litigation where required.

All our lawyers are members of the Maltese Bar and the Chamber of Advocates. The firm’s partners have played a significant role in the development of arbitration in Malta and have extensive experience in litigation, arbitration, mediation, and negotiation.

Our dispute resolution team works closely with colleagues across the firm’s corporate, commercial, financial services, shipping, and intellectual property practices, ensuring clients benefit from a coordinated and comprehensive approach to dispute management.