Best Commercial Litigation Lawyers in Malta

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Mifsud & Mifsud Advocates
Valletta, Malta

Founded in 2007
8 people in their team
Maltese
English
Lawsuits & Disputes Commercial Litigation ADR Mediation & Arbitration +6 more
Mifsud & Mifsud Advocates is a business law firm, which has competencies in civil and commercial litigation, IP law, property law, immigration law, family law and shipping and maritime law. We also offer corporate services services for our corporate clients. The Firm is also part owner of a...
KPMG
Pietà, Malta

Founded in 1969
English
KPMG in Malta stands as a leader in providing comprehensive professional services spanning audit, tax, and advisory sectors. With a multidisciplinary team of experts, the firm delivers tailored solutions to businesses and individuals across a wide range of industries. Services include statutory and...

English
Advocates, Tanti-Dougall & Associates, established in Valletta, Malta, by Dr. Michael Tanti-Dougall and Dr. Jacqueline Tanti-Dougall, brings over 45 years of combined legal experience. The firm offers a comprehensive range of services, including corporate and tax advisory, yacht, shipping, and...

Founded in 2000
50 people in their team
Maltese
English
NATALINO CARUANA DE BRINCATB.A. (Hons), LL.B, Dip Notary Public (Melit), Dip Infosys, MBA (Leics), LL.M (Leics), LL.D (Melit).Natalino Caruana De Brincat has successfully completed the Doctor of Laws (LL.D.) degree at the University of Malta. He also holds a Bachelor of Laws (LL.B.) degree...
Bennetti Consulting
Haz-Zebbug, Malta

Founded in 2017
English
Bennetti Consulting, founded by Dr. Clint Bennetti in 2017, is a distinguished law firm based in Ħaż-Żebbuġ, Malta, specializing in financial legal services. Dr. Bennetti, a qualified lawyer with a Doctor of Laws degree from the University of Malta and a Master of Arts in Financial Services,...
Fenech Vella Advocates
Rabat, Malta

Founded in 2010
English
Fenech Vella Advocates is a distinguished law firm based in Malta, offering a comprehensive range of legal and financial services. The firm is led by Av. Mark Fenech Vella, B.A., LL.D, Dip.Trib.Eccl.Melit, who brings extensive expertise to the practice. With offices located at 23, Parish Church...
Ray Zammit Legal Offices
Valletta, Malta

English
Ray Zammit Legal Offices, located in Valletta, Malta, offers a comprehensive range of legal services tailored to meet diverse client needs. The firm's areas of expertise encompass transport, administrative, traffic, arbitration, tort, commercial, social security, company law, rent laws,...
GVZH Advocates
Valletta, Malta

Founded in 1972
200 people in their team
Maltese
English
GVZH Advocates is a modern and sophisticated legal practice composed of top-tier professionals, firmly rooted in decades of experience in the Maltese legal landscape. Built on the values of acumen, integrity and clarity, we are dedicated to providing the highest levels of customer satisfaction,...
GTG

GTG

Valletta, Malta

Founded in 1997
50 people in their team
Maltese
English
Since its founding in 1997, GTG has been at the forefront of Malta’s legal profession, blending together established private practices into a centre of expertise and excellence. Based in Malta’s capital city of Valletta, our ever-growing team of industry specialists is internationally ranked...
Pharmaconsulta Ltd.
Swieqi, Malta

Founded in 2009
English
Pharmaconsulta Ltd., established in 2009 by Mr. Andrew Corrieri, is a Malta-based independent consultancy firm specializing in pharmaceutical regulatory affairs for both EU and international markets. The firm offers a comprehensive suite of services, including consultancy, contract manufacturing,...
AS SEEN ON

About Commercial Litigation Law in Malta

Commercial litigation in Malta refers to the process of resolving disputes arising from business and commercial transactions through the Maltese court system. This area of law covers a wide range of conflicts involving commercial contracts, partnerships, shareholder disputes, debt recovery, insolvency matters, intellectual property rights, and employment issues within companies. Malta's legal system is based on both civil and common law principles, which makes its approach to commercial disputes unique and comprehensive. The aim of commercial litigation is to ensure that business matters are conducted fairly, transparently, and in line with local regulations, while providing mechanisms for the resolution of disagreements that may arise during business activities.

Why You May Need a Lawyer

Seeking legal assistance in commercial litigation is highly advisable due to the complexity and potential consequences of commercial disputes. Common situations where a person or a business may require a lawyer include:

  • Entering into or disputing the terms of a commercial contract
  • Recovering debts owed by clients or partners
  • Resolving shareholder or partnership disagreements
  • Handling breaches of non-compete or confidentiality agreements
  • Facing allegations of intellectual property infringement
  • Pursuing or defending against claims of professional negligence or fraud
  • Challenging or defending against business-related claims in court
  • Assisting in insolvency or bankruptcy proceedings

A lawyer who specializes in commercial litigation can guide you through complex procedures, help negotiate settlements, represent your interests in court, and ensure compliance with Maltese business regulations.

Local Laws Overview

Commercial litigation in Malta is governed primarily by the Commercial Code, the Civil Code, the Code of Organization and Civil Procedure, and a range of sector-specific laws. Some key aspects of Maltese commercial litigation law include:

  • Businesses and individuals must first attempt certain pre-litigation mechanisms such as formal letters of demand or mediation, depending on the dispute type
  • The Maltese courts, primarily the Civil Court (Commercial Section), have jurisdiction over most commercial disputes
  • Time limits apply for bringing claims, known as prescriptive periods, which vary depending on the nature of the dispute
  • Alternative dispute resolution methods, such as arbitration and mediation, are increasingly encouraged to resolve commercial conflicts efficiently
  • Court proceedings are generally public, but requests for confidentiality can be made in sensitive commercial matters
  • Foreign judgments and arbitral awards may be recognized and enforced in Malta, provided certain conditions are met
  • Costs and legal fees are typically awarded at the court's discretion, with the losing party often bearing part of the costs

Frequently Asked Questions

What is commercial litigation?

Commercial litigation involves using the court process or alternative dispute resolution methods to settle disputes that arise in business and commercial contexts. This can include contract breaches, business torts, corporate disagreements, and more.

Do I always have to go to court for commercial disputes in Malta?

Not necessarily. Many commercial disputes can be resolved out of court through negotiation, mediation, or arbitration. Court proceedings are generally a last resort if other methods fail.

What kinds of cases are typically handled under commercial litigation?

Cases often involve breaches of contract, shareholder disputes, debt collection, partnership disagreements, insolvency, bankruptcy matters, intellectual property disputes, and professional negligence claims.

How long do commercial litigation proceedings usually take in Malta?

The length of proceedings can vary significantly depending on the complexity of the case, the workload of the courts, and whether an appeal is filed. Simple cases may resolve in several months, while complicated matters can take years.

Are there alternatives to court litigation in Malta?

Yes, Malta encourages the use of alternative dispute resolution methods such as mediation and arbitration to settle commercial disputes efficiently without going through the full court process.

Can I enforce a foreign commercial judgment in Malta?

Yes, Malta recognizes and enforces many foreign commercial judgments and arbitral awards, subject to certain legal requirements and procedures.

What should I do if I receive a court summons regarding a commercial dispute?

Consult a qualified commercial litigation lawyer immediately to understand your rights and obligations. Failing to respond or appear in court can lead to a default judgment against you.

What are the costs involved in commercial litigation?

Costs can include court filing fees, legal representation fees, expert witness costs, and sometimes compensation for the other party if you lose. The court typically decides which party bears the costs.

What is the prescriptive period for commercial disputes in Malta?

Time limits for initiating proceedings depend on the type of claim. For many commercial contract disputes, the limitation period is typically five years, but it is important to check the specific timeframe for your matter.

How can a lawyer help with my commercial litigation issue?

A lawyer can provide strategic advice, handle legal documents, negotiate on your behalf, represent you in court or before arbitration tribunals, and work to protect your business and financial interests.

Additional Resources

Here are some resources and organizations in Malta that can provide further information or assistance related to commercial litigation:

  • The Malta Chamber of Commerce, Enterprise and Industry
  • The Commercial Section of the Civil Courts of Malta
  • Malta Arbitration Centre (Centre for Arbitration and Mediation)
  • The Chamber of Advocates Malta (for finding a qualified lawyer)
  • The Malta Financial Services Authority (MFSA) for financial dispute matters
  • The Consumer Affairs Authority for certain commercial transactions involving consumers

Next Steps

If you are facing a commercial dispute or believe you may need to pursue or defend a claim, consider taking the following steps:

  • Gather and organize all relevant documents, contracts, correspondence, and evidence related to the dispute
  • Consult a qualified commercial litigation lawyer to assess your situation and understand your rights, obligations, and options under Maltese law
  • Explore alternative dispute resolution methods, such as mediation or arbitration, which may save time and costs
  • If court proceedings are needed, ensure you comply with all legal requirements, deadlines, and procedural rules
  • Maintain clear and open communication with your lawyer throughout the process to achieve the best possible outcome

Commercial litigation can be complex and time-sensitive. Early legal guidance can make a significant difference in the resolution of your commercial dispute under Maltese law.

Lawzana helps you find the best lawyers and law firms in Malta through a curated and pre-screened list of qualified legal professionals. Our platform offers rankings and detailed profiles of attorneys and law firms, allowing you to compare based on practice areas, including Commercial Litigation, experience, and client feedback. Each profile includes a description of the firm's areas of practice, client reviews, team members and partners, year of establishment, spoken languages, office locations, contact information, social media presence, and any published articles or resources. Most firms on our platform speak English and are experienced in both local and international legal matters. Get a quote from top-rated law firms in Malta - quickly, securely, and without unnecessary hassle.

Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation. We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.