Arbitration Act (Cap. 387)
Arbitration Act (Cap. 387), article 15B
15B. (1) It shall be lawful for a founder to insert an arbitration
clause in a foundation statute when creating the foundation or by
subsequent amendment if he has the power to amend the statute. In
such event such clause shall be binding on all administrators,
protectors, members of a supervisory council, and beneficiaries , if
any, under the foundation in relation to all matters arising un der or
10 CAP. 387.] ARBITRATION
in relation to the foundation. It shall not be lawful for the
administrators or other persons having the power to amend the
statute of a foundation to insert an arbitration clause by amen ding
its statute.
Cap. 16.
(2) The provisions of sub-article (1) shall not prejudice the ri ght
of a party to seek directions from the Civil Court (V oluntary
Jurisdiction Section) in terms of the Second Schedule to the Civil
Code and the right of the party shall not be limited by any such cla use.
Notwithstanding the provisions of this Act, the said Court shal l not be
bound to stay proceedings in terms of article 15(3) or otherwis e, but
shall enjoy a discretion to do so until such time as it determi nes that
the matter is of a contentious nature, in which case it shall s tay the
proceedings and shall refer the parties to arbitration.
Notice and
calculation of
periods of time.
Amended by:
XVIII.1999.10.
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.