Arbitration Act (Cap. 387)

legislation.mt (official source) · last checked 2026-10-09 · 78 articles

Art. 2In this Act, unless the context otherwise requires - "arbitration agreement" means an agreement as defined in
Art. 3(1) A centre, to be known as the Malta Arbitration Centre, is hereby established for the purposes and with the
Art. 4(1) There shall be a Board which shall be responsible for the policy and general administration of the affairs
Art. 5A person shall not be qualified to be appointed chairman or deputy chairman of the Board unless he has practis
Art. 6(1) Subject to the provisions of articles 4, 7 and 9, the members of the Board shall hold office for a six yea
Art. 7A person shall be disqualified for appointment to, or from remaining, a member of the Board if he - (a) is leg
Art. 8(1) Any member of the Board may resign his office by letter addressed to the Prime Minister. (2) The appointme
Art. 9(1) The Centre shall have a registrar, who shall also be the secretary of the Board. In connection with his fu
Art. 10(1) The functions of the Centre shall be: (i) ( a) to promote Malta as a centre for international commercial a
Art. 11(1) The Centre shall cause to be prepared in every financial period, and shall not later than six months befor
Art. 12(1) The revenues of the Centre shall consist of the fees charged for the services provided by it under this Ac
Art. 13(1) The Minister may, after consultation with the Centre and with any other person or authority and with the c
Art. 14A domestic arbitration agreement is an arbitration agreement which does not fall under Part V of this Act, and
Art. 15(1) In the case of a domestic arbitration agreement, falling under article 14, disputes shall be settled in ac
Art. 15A(1) It shall be lawful for a testator to insert an arbitration clause in a will. In such event such clause sha
Art. 15B(1) It shall be lawful for a founder to insert an arbitration clause in a foundation statute when creating the
Art. 16(1) For the purposes of this Part, any notice, including a notification, communication or proposal, is deemed
Art. 17(1) The party initiating recourse to arbitration (hereinafter called "the claimant") shall file with the regis
Art. 18(1) Subject to the provisions of subarticle (2), the parties may be represented or assisted by persons of thei
Art. 19If the parties have not previously agreed on the number of arbitrators, and if within fifteen days after the r
Art. 20(1) If a sole arbitrator is to be appointed, either party may propose to the other the names of one or more pe
Art. 21(1) If three arbitrators are to be appointed, each party shall appoint one arbitrator. The two arbitrators thu
Art. 22(1) When the chairman is requested to appoint an arbitrator pursuant to articles 20, 21 or 21A, the party whic
Art. 23(1) A person who is approached as a prospective arbitrator shall disclose to those who approach him in connect
Art. 24(1) Any arbitrator may be challenged if circumstances exist that give rise to justifiable doubt as to the arbi
Art. 25(1) A party who intends to challenge an arbitrator, shall send notice of his challenge within fifteen days aft
Art. 26(1) If the other party does not agree to the challenge and the challenged arbitrator does not withdraw, the de
Art. 27(1) In the event of the death or resignation of an arbitrator during the course of the arbitral proceedings a
Art. 28(1) The language to be used in the proceedings shall, unless the parties agree otherwise, be Maltese. (2) The
Art. 30(1) The respondent shall communicate his statement of defence in writing to the claimant and to each of the ar
Art. 31During the course of the arbitral proceedings either party may amend or supplement his claim or defence unless
Art. 32(1) The arbitral tribunal shall have the power to rule on objections that it has no jurisdiction, including an
Art. 33The arbitral tribunal shall decide what further written statements, in addition to the statement of claim and
Art. 36(1) Subject to the provisions of article 37, the evidence of witnesses in an arbitration shall be produced eit
Art. 38(1) Unless otherwise agreed by the parties, any party may request the court to issue any of the precautionary
Art. 41(1) The arbitral tribunal may enquire of the parties if they have any further proof to offer or witnesses to p
Art. 44(1) Unless otherwise agreed between the parties, the arbitral tribunal may make more than one award at differe
Art. 45(1) The arbitral tribunal shall apply, subject to the provisions of this Act, the law designated by the partie
Art. 46(1) If before the award is made, the parties agree on a settlement of the dispute, the arbitral tribunal shall
Art. 47(1) Within fifteen days from the receipt of the award, either party, with notice to the other party, may reque
Art. 48(1) Within fifteen days from the receipt of the award, either party, with notice to the other party, may reque
Art. 49(1) Within fifteen days after the receipt of the award, either party, with notice to the other party, may requ
Art. 51(1) The arbitral tribunal shall determine fees and costs in accordance with such rules and guidelines which ma
Art. 52(1) Except as provided in subarticle (2), the costs of arbitration shall in principle be borne by the unsucces
Art. 53(1) The arbitral tribunal, on its establishment, may request each party to deposit with the Centre an equal su
Art. 54(1) Unless the parties agree otherwise, arbitral proceedings conducted under this Part of this Act shall be he
Art. 57The functions referred to in Article 6 of the Model Law shall be performed by: (a) the chairman in respect to
Art. 58With reference to Articles 34(2)( b) (ii) and 36(1)( b) (ii) of the Model Law, for the purposes of the said Ar
Art. 59Part VII of this Act on the Recognition and Enforcement of Foreign Awards shall apply to foreign arbitration a
Art. 60If the parties to an arbitration agreement falling under this Part of this Act have (whether in the agreement
Art. 61(1) Registration with the Centre of an international award shall not be required for the validity of the award
Art. 62Notwithstanding the provisions of article 59, Chapter VIII of the Model Law applies to orders by an arbitral t
Art. 63(1) Unless the parties to an arbitration agreement falling under this Part of this Act have otherwise agreed,
Art. 64Unless the parties to an arbitration agreement falling under this Part of this Act have otherwise agreed, wher
Art. 65(1) Saving the provisions of article 79, unless the parties to an arbitration agreement falling under this Par
Art. 66Article 20(5) applies to any arbitrator involved in arbitrations held under this Part of this Act. Representat
Art. 67With the agreement of the parties or at the request of a party, as the case may be, where the arbitral tribuna
Art. 68This Part does not apply in relation to an international commercial arbitration between parties to an arbitrat
Art. 69Saving the provisions of the Constitution and of the European Convention Act, in matters governed by this Act,
Art. 69A(1) An award given pursuant to an arbitration agreement in accordance with Part IV of this Act, shall upon its
Art. 70(1) Subject to the provisions of article 71, the Court of Appeal shall only determine that an award shall be s
Art. 70A(1) A party to arbitral proceedings may appeal to the Court of Appeal on a point of law arising out of a final
Art. 70B(1) An appeal under article 70A shall identify the point of law to be determined and shall outline the interpr
Art. 70C(1) A party to mandatory arbitration proceedings shall have a right of appeal to the Court of Appeal both on p
Art. 71(1) The Court of Appeal, when asked to set aside an award, may, where appropriate, and when so required by a p
Art. 71A(1) The following provisions shall apply to an application to set aside or an appeal under article 70, 70A or
Art. 71B(1) An application for setting aside or an appeal may only be made in relation to final awards as defined in a
Art. 72(1) Where the registration of any final award or document under this Act is required to be made with the Centr
Art. 73(1) Where the registrar refuses the registration of any document, whether upon an objection or otherwise, the
Art. 74(1) Saving the relevant articles of this Act, foreign arbitration awards, to which the treaties set out in the
Art. 75(1) For the purposes of this Act, any dispute required to be determined by arbitration under any other law, fo
Art. 76(1) Awards delivered pursuant to the Convention on the Settlement of Investment Disputes between States and Na
Art. 77In case of any conflict between the Maltese and English text of any of the First, Second and Third Schedules t
Art. 78Subject to article 68, this Act applies to every arbitration agreement, whether made before or after the comme
Art. 79(1) Notwithstanding any provision of this or any other law, the provisions of this article shall have effect w
Art. 80For the purposes of the Ratification of Treaties Act, the Government is hereby authorised to accede to the tre
Art. 82In the event of a final award which determines rights to immovable property, the Registrar shall, upon registr
Art. 83Unless the parties to an arbitration agreement have otherwise agreed in writing, articles 63 and 64 shall appl

Have a question about the law?

The assistant answers from the same library and names the article it relies on.

Text read from the consolidated PDF published by Legislation Malta. Tables, figures and marginal notes may be incomplete or out of place: the official PDF is authoritative. General information, not legal, tax or accounting advice.