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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May
11

Malta: Securitisation Cell Companies

Malta: Securitisation Cell Companies
The Securitisation Cell Companies Regulations (S.L. 386.16) which were enacted on the 28 th November 2014 provide for an effective and robust legal framework for segregation of different sets of assets and risk instrument within a single special purpose vehicle, the Securitisation Cell Company, permitting the creation of multiple securitisation transactions without incurring any risk of cross-contamination between the different creditors and investors of the individual cells. To date the Maltese regulator, the Malta Financial Services Authority has 36 notified sec...
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May
05

What is the Public’s Perception of Piracy and Counterfeiting in Europe?

What is the Public’s Perception of Piracy and Counterfeiting in Europe?
The European Union Intellectual Property Office (EUIPO)  * has carried out a survey to gauge the perceptions and various sentiments held by EU citizens towards intellectual property rights, which encompass various aspects such as trademarks, designs, patents, copyright and the registration and protection of such. * * The survey collected the views of over 26,500 people aged 15 and over across all 28 EU Member States, including Malta. THE EUIPO had also conducted a similar survey in 2013, the results of which have been complemented by this more recent survey. ...
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Apr
28

Limiting the applicability of post-termination restraints on employees in Malta

Limiting the applicability of post-termination restraints on employees in Malta
The First Hall of the Civil Court delivered a judgment on the topic of post-termination of employment restrictive clauses, in the names of Cutrico Services Ltd vs Josef Penza (23 rd February 2017). This judgment highlights the importance of careful drafting of employment contracts, in particular as regards restraints on the employees, since these can easily be considered as being against competition. The defendants's employment contract had contained a restrictive clause which provided that he was not, for his own account or for that of any other person, firm or c...
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Apr
21

Mamo TCV Advocates assist with the first transformation of a SICAV to an incorporated cell under a RICC in Malta

Mamo TCV Advocates assist with the first transformation of a SICAV to an incorporated cell under a RICC in Malta
Mamo TCV Advocates recently assisted clients with the first transformation in Malta of an Investment Company with Variable Share Capital ("SICAV") to an incorporated cell ("IC") under a Recognised Incorporated Cell Company ("RICC"). This transformation was effected using the provisions of the Companies Act (Recognised Incorporated Cell Companies) Regulations (Subsidiary Legislation 386.15 of the Laws of Malta). The SICAV IC is also licensed by the Malta Financial Services Authority ("MFSA") as an alternative investment fund ("AIF") under the Alternative Investment...
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