Category

Litigation & Dispute Resolution

A New Era for Commercial Disputes: Malta Revives the Commercial Court Litigation & Dispute Resolution

A New Era for Commercial Disputes: Malta Revives the Commercial Court

Malta has taken a significant step towards a more specialised framework for commercial dispute resolution with the enactment of Act No. IV of 2026 on 17 March 2026, formally paving the way for the re-establishment of a dedicated Commercial Court. This marks an important development in the handling of complex business disputes. The Commercial Court will form part of the superior courts and will be presided over by a single judge. It shall be given broad jurisdiction over commercial matters, including disputes arising under the Commercial Code, the Companies Act and the Competition Act, as well as cases concerning merchant…
Kristen Camilleri and Jonathan Abela Fiorentino
24th March 2026
Is court involvement needed to wind up a company? If so, when and why? Corporate and M&ALitigation & Dispute Resolution

Is court involvement needed to wind up a company? If so, when and why?

This article is the first of a series exploring court actions available under the Companies Act (Chapter 386 of the Laws of Malta). Each article gives a practical overview of a specific legal remedy or procedure involving court supervision; outlining when it applies, the steps required and the purpose behind it. It is intended as a useful reference point rather than an in-depth academic analysis. Introduction While there are various grounds upon which a company may be dissolved, dissolution has traditionally involved some form of court supervision, whether voluntary or compulsory, with limited exceptions. Article 214 of the Companies Act,…
Kristen Camilleri and Jonathan Abela Fiorentino
18th March 2026
Judgement on the Right to Enforce a Promise of Sale Agreement Litigation & Dispute ResolutionReal Estate & Construction

Judgement on the Right to Enforce a Promise of Sale Agreement

In a judgement delivered on the 5th December 2025 having application number 1187/2023(HM), the Civil Court, First Hall affirmed that for a contracting party to enforce a  promise of sale agreement and invoke the right of action as contemplated under the Civil Code, Chapter 16 of the Laws of Malta, that party must be in a position to appear on the final deed of sale. The right of action for the enforcement of a promise of sale agreement features in Article 1357(2) of the Civil Code, which  provides that, “The effect of such promise shall cease on the lapse of…
Veronica Grixti and Clarice Debono
22nd December 2025
MamoTCV Advocates had the pleasure and privilege of hosting a section of the World Services Group - the Berlin Club.
Mamo TCV Advocates hosts World Services Group Berlin Club Litigation & Dispute ResolutionNews

Mamo TCV Advocates hosts World Services Group Berlin Club

Mamo TCV Advocates had the pleasure and privilege of hosting a section of the World Services Group - the Berlin Club. The Berlin Club is a group of distinguished dispute resolution lawyers that are members of the World Services Group that meet bi-annually to catch up on latest jurisdictional developments and new challenges being faced by the legal profession. The event started with a key-note speech delivered by Parliamentary Ombudsman Judge Joseph Zammit McKeon on "Another Access to Justice", followed by a presentation on Mediation by MamoTCV Partner Jonathan Abela Fiorentino and a discussion on business development led by Ben…
Mamo TCV Advocates
1st December 2025
No Appeal Unless the Law Says So
Court Reaffirms Limits on Appeals in Liquidation Proceedings Corporate and M&ALitigation & Dispute Resolution

Court Reaffirms Limits on Appeals in Liquidation Proceedings

In two recent partial judgments delivered on 22nd July 2025 in the liquidation proceedings in the names Genesis Global Limited vs X (127/2022 ISB), the Civil Court (Commercial Section) reaffirmed a key principle under Maltese company law: there is no right of appeal from decrees issued in the context of liquidations unless expressly provided for by law. The decrees arose from requests by two intervening parties seeking creditor recognition in the ongoing liquidation of a company regulated under the Companies Act (Chapter 386 of the Laws of Malta). Their applications to be included in the list of recognised creditors had…
Kristen Camilleri and Michael Psaila
31st July 2025
Highest EU Court in Luxembourg
CJEU preliminary rulings as a path towards further investment law harmonisation Investment Services & FundsLitigation & Dispute Resolution

CJEU preliminary rulings as a path towards further investment law harmonisation

The preliminary reference procedure under Article 267 of the Treaty on the Functioning of the European Union (TFEU) constitutes a mechanism by which the Court of Justice of the European Union (CJEU) ensures the uniform interpretation and application of Union law across the Member States. In the specific context of EU financial regulation, this procedural instrument assumes a distinctive function: that of enabling organic harmonisation within the internal market. By facilitating a judicial dialogue between national courts and the CJEU, the preliminary ruling mechanism operates as a decentralised yet effective method of aligning national interpretations of key provisions within directives…
Mario Mizzi
14th July 2025