Aug
31

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

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This article was written by​ Dr. Stephen Muscat and Daniel Vancell Introduction The 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 2021 1 . 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 restri...
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Nov
30

The Maintenance of Roofs, Floors & Ceilings under Maltese Law

The Maintenance of Roofs, Floors & Ceilings under Maltese Law
This article was written by Dr. Stephen Muscat & Dr.Mark Soler. [1] The Issue:- The continuous urbanization and gentrification of the Maltese landscape has augmented the importance of maintaining well-regulated neighbourly relations among residents living in densely populated areas of the Island. A common dispute which arises among the owners of units situated within a condominium [1] concerns the maintenance of certain common parts, particularly: 1.  The corresponding floors and ceilings which run horizontally between two private units within the condomi...
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May
18

Invoking an arbitration clause in a contract subject to Maltese law

Invoking an arbitration clause in a contract subject to Maltese law
The Maltese Arbitration Act was meant inter alia to confirm in general the supremacy of the will of the parties to a contract containing an arbitration clause, to choose arbitration to the exclusion of ordinary courts. In view of recent developments in case-law interpreting and applying a provision in the same Arbitration Act, the ordinary courts seem to be fighting back to retain more than the residual authority which the courts traditionally retained for themselves when the contracting parties would have agreed on an arbitration clause. Disclaimer This document ...
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