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Litigation & Dispute Resolution

Recent Court of Appeal Judgment Confirms Banking Practice of Charging of Commitment Fees

This article was written by​ Dr Maria Lisa Buttigieg & Tessa Borg Bartolo​​.A client of BNF Bank p.l.c. instituted proceedings before the Arbiter for Financial Services against the said Bank in order to obtain a refund on certain fees imposed by the Bank in relation to loan facilities granted by the Bank to the said client.The fees which the client requested a refund of consisted of relative processing fees, legal fees and commitment fees. The client in her complaint alleged that the fees were not clearly communicated to her and that the commitment fee should not have been charged since she had…
Maria-Lisa Buttigieg
15th October 2021
Litigation & Dispute Resolution

Business Mediation – Why Opt for Mediation in Business

Business owners cannot afford continued contention, especially in highly competitive markets where effective communication is key.Whilst conflict cannot be avoided, it is an acknowledged fact that litigation provokes hostility. On the other hand, mediation fosters cooperation and respect. Traditionally, the process commonly resorted to for resolving conflict and disputes is litigation, which diverts attention and resources from achieving targeted commercial goals towards a lengthy and costly litigation process. Mediation provides a voluntary solution to this conundrum with the trend shifting away from court litigation to alternative methods of dispute resolution, including mediation, due to its clear advantages.Mediation can be resorted…
Litigation & Dispute ResolutionNews

Mamo TCV Associate to Compete in the Prestigious René Cassin Concours

Dr Mark Soler, an associate at Mamo TCV and current student at the College of Europe in Bruges, will be taking part in next year's European human rights moot court competition in honour of the French jurist René Cassin. Cassin served as President of the European Court of Human Rights, as vice-president of the French Conseil d'Etat and member of the French Conseil constitutionnel. He also worked on the draft project of the Universal Declaration of Human Rights and in 1968 was awarded the Nobel Peace Prize and the United Nations Prize in the Field of Human Rights. An exclusively…
MamoTCV Advocates
23rd September 2021
Litigation & Dispute Resolution

Mediation of Employment Disputes

Disputes involving employment, whether they are disputes between employers and employees or disputes between employees, are by their very nature highly sensitive and can possibly affect the image and reputation of companies.An employment dispute is traditionally referred to the courts of law or to the Industrial Tribunal where there is always an element of publicity involved and a losing party. Mediation is an alternative method of dispute resolution which presents numerous advantages compared to traditional solutions. Mediation is a voluntary process during which two or more people involved in a dispute meet together and seek to work out a solution…
MamoTCV Advocates
31st August 2021
Litigation & Dispute Resolution

Re-balancing the Respective Rights & Obligations of Lessors and Lessees

This article was written by​ Dr. Stephen Muscat and Daniel VancellIntroductionThe Reletting of Urban Property (Regulation) Ordinance, Chapter 69 of the Laws of Malta (the "Ordinance"), has been recently amended by virtue of Act XXIV of 20211. The main goal for the introduction of the Ordinance, originally, was to protect the interest of the public by establishing a type of lease which would automatically renew itself and could not be terminated unilaterally upon its expiration. A problem that arose under the Ordinance was the fact that this law placed a restriction on the amount of rent a lessor may demand,…
Stephen Muscat
31st August 2021
CompetitionCorporate and M&ALitigation & Dispute ResolutionMergers & Acquisitions Insolvency

Future judicial cooperation between the EU & UK: Assessing the implication of a “Hard Brexit” for judicial cooperation in civil and commercial matters.

The EU-UK Trade and Cooperation Agreement (the "TCA") concluded on Christmas Eve, 2020 is silent with respect to judicial cooperation in civil and commercial matters (as opposed to cooperation in criminal matters). Consequently, as from 1st January, 2021 the UK is treated as a third state with respect to the application of a number of significant EU legislation regulating matters of cross-border judicial cooperation (e.g. the rules governing the recognition and enforcement of court judgements or the choice of jurisdiction and applicable law clauses). Given the regularity with which an English law clause, usually supported by a choice of English…
Simon Pullicino
8th February 2021