Mediation Act (Cap. 474), article 17A

17A. (1) A cross-border dispute shall be one in which at least one of the parties is domiciled or habitually resident in Malta and the other party is domiciled or habitually resident in another Member State on the date on which: (a) the parties agree to use mediation after the dispute has arisen; (b) mediation is ordered by the court; (c) an obligation to use mediation arises under national law; or (d) for the purposes of article 17( b) a decree or order by a court or other adjudicating authority is made to the parties. (2) Notwithstanding the provisions of subarticle (1), for the purposes of confidentiality and limitation and prescription per iods, a cross-border dispute shall also be one in which judicial proceedings or arbitration follow ing mediation between the part ies are initiated in Malta or another Member State other than the Member State in which the part ies were domiciled or habitually resident on the date ref erred in subarticle (1)( a), (b) or ( c). (3) For the purposes of sub-artic les (1) and (2), domicile shall be determined, amongst other provis ions, in accordance with Articl es 59 and 60 of Council Regulation (EC) 44/2001 and Articles 61, 62 a nd 63 of Council Regulation 1215/2012 on jurisdiction and the recogni tion and enforcement of judgments in civil and commercial matters. Enforceability of agreements resulting from mediation. Added by: IX. 2010.22. Cap. 12.