Code of Organization and Civil Procedure (Cap. 12), article 742

742. (1) Save as otherwise expressl y provided by law, the civil courts of Malta shall have juris diction to try and determine al l actions, without any distinction or privilege, concerning the persons hereinafter mentioned: (a) citizens of Malta, provided they have not fixed their domicile elsewhere; (b) any person as long as he is either domiciled or resident or present in Malta; (c) any person, in matters relating to property situate or existing in Malta; (d) any person who has contracted any obligation in Malta, but only in regard to actions touching such obligation and provided such person is present in Malta; (e) any person who, having co ntracted an obligation in some other country, has nevertheless agreed to carry out such obligation in Malta, or who has contracted any obligation which must necessarily be carried into effect in Malta, provided in either case such person is present in Malta; (f) any person, in regard to any obligation contracted in favour of a citizen or resident of Malta or of a body having a distinct legal personality or association of persons incorporated or operating in Malta, if the judgment can be en forced in Malta; CODE OF ORGANIZATION AND CIVIL PROCEDURE [CAP. 12. 201 (g) any person who expressly or tacitly, voluntarily submits or has agreed to submit to the jurisdiction of the court. (2) The jurisdiction of the courts of civil jurisdiction is not excluded by the fact that a fore ign court is seized with the sa me cause or with a cause connected w ith it. Where a foreign court has a concurrent jurisdiction, the courts may in their discretion, de clare defendant to be non-suited or st ay proceedings on the ground th at if an action were to continue in Malta it would be vexatious, oppressive or unjust to the defendant. (3) The jurisdiction of the courts of civil jurisdiction is not excluded by the fact that ther e exists among the parties any arbitration agreement, whether t he arbitration proceedings have commenced or not, in which case the court, saving the provision s of any law governing arbitration , shall stay pro ceedings withou t prejudice to the provisions of sub-article (4) and to the right of the court to give any order of direction. (4) On the demand by any person being a party to an arbitration agreement, the courts may issu e any precautionary act, in which case, if such party has not yet b rought forward his claim befor e an arbitrator, the time limits prescribed in this Code for bringin g the action in respect of the claim sh all be twenty days from the da te of issue of the precautionary act. (5) A precautionary act issued in terms of the preceding sub- article shall be rescinded: (a) if the party against whom it is issued makes such deposit or gives such secur ity sufficient to secure the rights or claims stated in the act; or (b) if the applicant fails to bring forward his claim, whether before the arbitrator or before the court, within the said time limit of twenty days; or (c) on the expiration of the duration, original or extended, of the particular act in terms of this Code; or (d) for just cause on the application of the debtor as the court may deem proper in the circumstances. (6) Where provision is made under any other law, or, in any regulation of the European Union making provision different fro m that contained in this article, the provisions of this article shall not apply with regard to the matters covered by such other provisio n and shall only apply to matters to which such other provision d oes not apply. Immunity of the President of Malta. Added by: XXIV .1995.284.