Malta is entering a new phase in the handling of commercial disputes. With the introduction of Act No. IV of 2026 on 17 March 2026, the country has formally set the stage for the return of a specialised Commercial Court—an important move for businesses operating locally and internationally.
A More Focused Approach to Commercial Disputes
The newly re-established Commercial Court will sit within Malta’s superior courts and will be presided over by a single judge. Its creation reflects a clear intention to streamline and strengthen the handling of complex business-related cases by placing them before a dedicated judicial forum.
This court will have wide-ranging jurisdiction across key areas of commercial law. These include disputes arising under core legislation such as the Commercial Code, Companies Act and Competition Act. In addition, its remit extends to sectors that are particularly important to Malta’s economy, including maritime and shipping matters, aviation, banking and financial services, and intellectual property.
The Court’s authority will also cover issues involving credit instruments—such as bills of exchange and promissory notes—as well as insolvency and bankruptcy proceedings. It will further oversee disputes connected to a variety of specialised laws, ranging from aviation law and shipping legislation to financial regulation, competition law and IP rights.
Jurisdiction Over Maritime, Aviation and Enforcement Matters
Beyond general commercial disputes, the Commercial Court will play a central role in handling claims relating to ships, vessels and aircraft. This includes both in rem and in personam actions, as well as judicial sales and court-approved private sales of maritime and aviation assets.
The Court will also deal with precautionary and executive warrants issued under its authority, alongside certain matters relating to the recognition and enforcement of foreign arbitral awards—an important feature for cross-border business and international dispute resolution.
Transition of Existing Cases
Once the new framework comes into force, cases currently pending before the Civil Court (Commercial Section) will be transferred to the Commercial Court. Other civil matters falling within its scope will also be reassigned, although exceptions will apply to cases that are already at an advanced stage or awaiting judgment.
Decisions of the Commercial Court will remain subject to appeal before the Court of Appeal, ensuring continuity within Malta’s broader judicial system.
What This Means for Businesses
For companies operating in Malta—or using Malta as a hub for international business—the introduction of a dedicated Commercial Court is expected to bring tangible benefits.
A specialised court should lead to:
- More consistent and predictable outcomes
- Improved efficiency in case handling
- Greater judicial familiarity with complex commercial, financial and sector-specific issues
In practical terms, this development makes Malta an even more attractive jurisdiction for resolving business disputes, particularly in industries such as maritime, aviation, finance and intellectual property.
Reviewing Your Dispute Resolution Strategy
As the Commercial Court becomes operational, businesses and their advisers would be well advised to revisit their dispute resolution frameworks. This includes reviewing contractual clauses dealing with jurisdiction, choice of forum and arbitration.
Ensuring that agreements reflect the availability and scope of the new Commercial Court could prove crucial in managing risk and resolving disputes effectively in the future.
Vassallo Associates’ expert legal team can advise on all aspects of commercial law. Contact us today to discuss your requirements.