Malta Commercial Court: A Strategic Shift in Business Dispute Resolution

Malta has reintroduced a dedicated Commercial Court through Act No. IV of 2026, building on Bill 133 of 2025. This reform separates complex commercial disputes from the general civil courts, introducing specialised adjudication, clearer jurisdiction, and improved procedural efficiency. For businesses, investors, and cross-border operators, the new framework enhances legal certainty, speed of resolution, and strategic predictability, reinforcing Malta’s position as a competitive jurisdiction for commercial activity.

The Commercial Court is now established as a standalone superior court, distinct from the Civil Court, First Hall. It replaces the previous Commercial Section and introduces a more focused forum for resolving complex business disputes.

This structural change reflects a clear policy direction – aligning Malta’s judicial system with the needs of modern, cross-border commerce, where speed, expertise, and consistency are critical.

The Court’s jurisdiction brings together a wide range of commercial matters under a single forum, including disputes arising from:

• The Commercial Code and Companies Act  
• Banking, financial services, and competition law  
• Intellectual property rights  
• Bankruptcy and insolvency proceedings  
• Credit instruments such as bills of exchange  

It also exercises specialised jurisdiction over maritime and aviation claims, including collisions, marine insurance, and judicial sales of ships and aircraft.

Under Article 742B of the Code of Organisation and Civil Procedure, the Court is empowered to hear both in rem and in personam actions, as well as matters relating to the recognition and enforcement of foreign arbitration awards.

For businesses, this creates a clearer and more coherent litigation pathway, particularly in complex or multi-sector disputes.

The introduction of the Commercial Court is supported by targeted amendments to the Code of Organisation and Civil Procedure.

Key procedural features include:

• Filing of claims by sworn application  
• Jurisdiction over precautionary and enforcement measures  
• Streamlined appeal routes to the Court of Appeal  
• Authority to enforce its own judgments  

The Minister for Justice is also empowered to adjust jurisdictional scope through subsidiary legislation, allowing the framework to adapt over time without major legislative reform.

Transitional Continuity and Accessibility

The reform includes transitional provisions ensuring that ongoing cases are transferred to the Commercial Court where appropriate, while preserving the validity of prior proceedings and judgments.

In terms of accessibility, the Court may sit in Gozo for cases involving parties based there, balancing centralised expertise with practical convenience.

The introduction of a dedicated Commercial Court has direct implications for commercial operators.

Faster and More Efficient Resolution

Separating commercial disputes from general civil litigation is expected to:

• reduce delays and backlogs  
• improve case management for complex disputes  
• shorten timeframes for resolution  

This is particularly relevant in sectors where timing is commercially critical.

Specialised Judicial Expertise

A judiciary focused on commercial matters enhances:

• consistency in decision-making  
• understanding of technical issues  
• predictability of outcomes

This supports more informed risk assessment and dispute planning.

With jurisdiction over arbitration enforcement, insolvency, and maritime claims, the Court provides a more structured forum for disputes involving:

• international contracts  
• foreign arbitral awards  
• multi-jurisdictional corporate structures  

This strengthens Malta’s offering as a reliable dispute resolution jurisdiction.

The reintroduction of the Commercial Court reflects a broader effort to enhance Malta’s legal and economic infrastructure.

For businesses and investors, this development may influence:

• choice of governing law in contracts;
• dispute resolution clauses; and  
• jurisdictional selection for enforcement  

In this context, the Commercial Court represents a practical enhancement to Malta’s competitiveness, rather than a purely institutional reform.

Chetcuti Cauchi advises on commercial litigation and dispute resolution before Malta’s superior courts, including:

• corporate and shareholder disputes  

• financial services and regulatory litigation  

• maritime and aviation claims  

• intellectual property disputes

• cross-border dispute strategy and enforcement  

Our approach combines legal, regulatory, and commercial insight to support effective dispute resolution.