Malta:
Invoking An Arbitration Clause In A Contract Subject To Maltese Law
22 May 2017
Mamo TCV Advocates
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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.
Setting Up the Plea of Lack of Competence under
Article 15(3) of the Maltese Arbitration Act
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