Arbitration Act (Cap. 387)
Arbitration Act (Cap. 387), article 15A
15A. (1) It shall be lawful for a testator to insert an arbitration
clause in a will. In such event such clause shall be binding on all
persons claiming under such will in relation to all disputes re lating
to the interpretation of such will, including any claim that su ch will
is not valid.
(2) It shall be lawful for a settlor of a trust to insert an
arbitration clause in a deed of trust and such clause shall be binding
on all trustees, protectors and any beneficiaries under the tru st in
relation to matters arising under or in relation to the trust.
Cap. 331.
(3) In the cases referred to in the preceding subarticles, the
right of a party to seek directions of the Court of voluntary
jurisdiction in terms of the Trusts and Trustees Act shall not be
limited by any such clause and notwithstanding the provisions o f
this Act, the said Court shall not be bound to stay proceedings in
terms of article 15(3) or otherwise, but shall enjoy a discreti on to
do so until such time as it determines that the matter is of a
contentious nature, in which cas e it shall stay the proceedings and
shall refer the parties to arbitration.
Arbitration clause
in foundation
statutes.
Added by:
XXXVI.2018.116.
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.