Arbitration · Malta
Find an arbitration lawyer in Malta for a mixed-jurisdiction dispute
Malta sits between two legal worlds: continental private law and English common-law procedure, with two official languages. Tell us what your dispute involves and we match you with a warranted Maltese advocate who handles arbitration work — at no cost to you.
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- Domestic and cross-border commercial disputes
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Arbitration in Malta: what a mixed jurisdiction means for your dispute
Malta is a small EU member state with an unusually layered legal heritage: continental private law, English common-law procedure and two official languages. If your contract provides for arbitration, or if you are weighing arbitration against litigation, the local detail matters — who is entitled to represent you, how long you have to act, how fees are regulated and which court sits behind the process. We do not give legal advice. Instead, we take your description of the dispute and match you with an arbitration lawyer in Malta — a warranted advocate who handles this kind of work — so you can compare experience, availability and approach before you instruct anyone. The matching service is free, there is no obligation to proceed, and it typically takes 24 to 48 hours to receive your first response.
Malta in practice
How arbitration and dispute resolution work in Malta
Malta is one of the world’s recognised mixed jurisdictions, and that shapes how disputes are run here. Below is how the country’s courts, professions, languages and limitation periods affect a commercial or cross-border arbitration matter.
A mixed civil-law and common-law framework
Malta’s private law follows the continental tradition: the Civil Code of 1868 is rooted in the French Code Napoléon, complemented by a Commercial Code. Public, procedural, administrative, commercial and company law carry strong English common-law influence. The system is codified yet adversarial, and binding precedent is absent, so the way a commercial dispute is argued and drafted here differs from both Paris and London.
Who may act for you
Malta has a single, unified legal profession: ‘lawyer’ and ‘advocate’ mean the same thing, and there is no barrister/solicitor split. Practice requires a warrant issued by the President of the Republic, and an advocate has rights of audience before all courts. A separate legal procurator handles procedural acts such as service and filings.
Fees set by statutory tariff
Advocates’ and legal procurators’ fees are governed by statutory tariffs in the schedules to the Code of Organisation and Civil Procedure, and the same tariffs guide the costs awarded against a losing party. Contingency-fee and conditional-fee arrangements are ethically prohibited, so fee agreements are built around those tariffs together with hourly or fixed arrangements.
Two official languages
Maltese and English are both official, and legislation is enacted in both, with the Maltese text prevailing in case of conflict under article 74 of the Constitution. Maltese has been the language of the courts and of notarial deeds since 1934, while legal education is taught in English. Commercial practice operates comfortably in English.
The courts that sit alongside arbitration
Malta’s judiciary is two-tier. The Superior Courts include the Civil Court, whose First Hall hears civil and commercial claims, the Court of Appeal, the Constitutional Court and the Criminal Court; the Inferior Courts are the Court of Magistrates (Malta) and the Court of Magistrates (Gozo). Civil claims above EUR 15,000, or of unquantifiable value, go to the Civil Court.
Notarial deeds and property-linked disputes
Malta keeps a separate profession of Notary Public, a public officer who authenticates and drafts public deeds. Transfers and encumbrances of immovable property are formalised before a notary, and ownership passes only on execution and registration of the deed; the preliminary contract (konvenju) is also normally drawn up by a notary. Notarial acts are central to wills, succession, marriage settlements and company acts.
Key time limits — Litigation & Dispute Resolution
| Key limitation periods under Maltese law | Matter | Time limit |
|---|---|---|
| General limitation of actions (real, personal and mixed) | 30 years | The default period for civil claims that do not fall under a shorter, specific rule. |
| Commercial debt (B2B contracts and other commercial claims) | 5 years | Invoice and contract claims in commercial matters normally run to five years. |
| Interest and periodic payments | 5 years | Each instalment or interest payment starts its own five-year clock. |
| Professional fees (advocates, notaries, architects, engineers) | 2 years | Professionals claiming their own fees face a shorter deadline than the general rule. |
Country-specific details on this page are taken from official sources — the European e-Justice Portal, the Laws of Malta on legislation.mt and the Judiciary of Malta — consulted in 2025.
The problem
Why arbitration in Malta needs local judgement
A Maltese clause, a Maltese opponent or Maltese assets change the practical questions you need to answer before you commit to a strategy.
Your contract points to arbitration, not court
A clause buried in a commercial contract can send your dispute to a private tribunal instead of a Maltese court. Before you file anything, you need to know what you actually agreed to and which procedure applies.
Court and arbitration running in parallel
Interim protection, security or a challenge to the tribunal’s jurisdiction may need the Maltese courts while the arbitration continues. Knowing which forum does what, and in which order, is where local counsel earns their place.
Two languages, one file
Maltese and English are both official in Malta, legislation is enacted in both, and the Maltese text prevails if they conflict. Court rulings and notarial deeds are in Maltese. Choosing the language of your arbitration needs planning from the start.
How we help
What you get when we match you
A short, focused introduction to advocates who already work with disputes like yours.
A single, unified legal profession
Malta has no barrister/solicitor split. Your arbitration lawyer is a warranted advocate with rights of audience before all Maltese courts, so the same person can advise on the arbitration and handle related court steps.
Fees you can predict
Advocates’ and legal procurators’ fees in Malta are governed by statutory tariffs set out in the schedules to the Code of Organisation and Civil Procedure, and contingency fees are ethically prohibited. That makes budgeting more transparent from the first meeting.
Procedural support in the right hands
A separate profession, the legal procurator, handles procedural acts such as service of documents and filings. In a Maltese dispute you may have both an advocate and a procurator involved, each with a defined role.
A bilingual bridge between two legal worlds
Maltese and English are both official, legislation is enacted in both and legal education is taught in English, while the courts and notarial deeds work in Maltese. Cross-border parties can often operate in English without losing local accuracy.
Cross-border
Disputes that touch more than one country
We also match clients with arbitration counsel in other European jurisdictions, so a file with assets, witnesses or counterparties in several countries can be handled by lawyers who know both sides of the border.
Common questions
Arbitration in Malta: your questions answered
How do I find an arbitration lawyer in Malta?
Start by describing your dispute, the contract and any arbitration clause to us. We match you with a warranted Maltese advocate who handles arbitration work, and the matching service costs you nothing. You then decide whether to instruct that advocate or to speak to another one first.
Does Malta’s mixed legal system affect how a dispute is run?
It can shape both strategy and drafting. Maltese private law follows the continental tradition through the Civil Code of 1868, while public, procedural, administrative, commercial and company law reflect English common-law influence. The system is codified yet adversarial, and there is no formal doctrine of binding precedent, so earlier decisions are persuasive rather than binding.
Which Maltese court hears a civil claim that is not arbitrated?
Civil claims are allocated by value. The Small Claims Tribunal hears monetary claims up to EUR 5,000, the Court of Magistrates hears claims above EUR 5,000 up to EUR 15,000, and the Civil Court’s First Hall hears claims above EUR 15,000 or of unquantifiable value. Appeals go to the Court of Appeal.
How long do I have to bring a claim connected to a Maltese dispute?
It depends on the subject matter. The general limitation period is 30 years, but tort and damages claims not arising from a criminal offence are limited to 2 years, commercial claims and rent arrears to 5 years, and certain wage claims to 1 year. Professional fees may be claimed for 2 years.
Can a Maltese advocate work for a percentage of what I win?
No. Contingency-fee and other conditional-fee arrangements are ethically prohibited in Malta. Advocates’ and legal procurators’ fees are governed by statutory tariffs contained in the schedules to the Code of Organisation and Civil Procedure, which also guide the quantum of costs awarded against the losing party.
Will my arbitration be conducted in English?
English is widely used in Maltese legal practice and commercial matters, and legal education is taught in English, but Maltese is the language of the courts and of notarial deeds. Where legislation exists in both languages, the Maltese text prevails in case of conflict. The language of your arbitration should be settled in the clause itself.
Next step
Tell us about your dispute and we will find the advocate
Describe your matter in a few lines — the contract, the clause and what has happened so far. We will match you with a warranted Maltese advocate who handles arbitration work, and you decide whether to take it further.