New Commercial Court

Source: www.judiciarymalta.gov.mt

After an agreement was reached with the judiciary and due approval was obtained in Parliament, a new Commercial Court will enter into force on 9 April 2018, as a sub-section of the existing Civil Court.

The Commercial Court has previously existed in Malta, albeit having a different jurisdiction, but recently sentiment has grown that the presence of a specialised commercial court is a necessity to ensure that Malta maintains the judicial standards set by its European peers.

Therefore, the government has acted to institute a new commercial division of the Civil Court which will be competent to hear and adjudicate cases pertaining to the Maltese Companies Act, such as bankruptcy, mergers, insolvency proceedings and winding-up proceedings.

The re-introduction of the Commercial Court is an active and strong measure intended to revitalise the Maltese judicial sector, strengthening competitiveness and confidence in the Maltese framework.

This news is particularly relevant in inspiring confidence in the commercial community, given that Malta is intent on exploring and developing new markets in the digital and financial technology sectors. The load on the existing Civil Court will be eased and persons encountering commercial difficulties will have a straightforward and organised facility for acquiring a remedy.

Indeed, the re-institution of the Commercial Court is a definitive step taken to reinforce the judicial system and rule of law in Malta and is a subtle yet clear indicator of the Maltese government’s forethought in strengthening Malta’s judiciary before the country embarks into uncharted territory by developing a new digital industry.