Arbitration Act (Cap. 387)
Arbitration Act (Cap. 387), article 45
45. (1) The arbitral tribunal shall apply, subject to the
provisions of this Act, the law designated by the parties as
applicable to the substance of the dispute. Failing such designation
by the parties, the arbitral tribunal shall apply Maltese law
including the rules of Maltese law relative to the conflict of laws.
(2) The arbitral tribunal shall decide as amiable compositeur or
ex aequo et bono only if the parties have expressly authorised the
arbitral tribunal to do so.
(3) In all cases, the arbitral tribunal shall decide in accordance
with the terms of the contract and shall, if relevant, take into
account the usages of the trade applicable to the transaction.
(4) Unless otherwise agreed to by the parties or otherwise
provided for in or under this Act, the arbitral tribunal may conduct
the arbitration in such manner it considers appropriate. The power
conferred upon the arbitral tribunal includes the power to determine
the admissibility, relevance, materiality and weight of any
evidence.
Settlement or other
grounds for
termination.
Amended by:
XXXI. 2002.241.
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.