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.
This document does not purport to give legal, financial or tax advice. Should you require further information or legal assistance, please do not hesitate to contact Dr. Stephen Muscat.
Setting Up the Plea of Lack of Competence under Article 15(3) of the Maltese Arbitration Act
- Stephen Muscat & Mark Soler