Commercial Litigation & Arbitration

At Gonzi & Associates, Advocates we pride ourselves on being problem solvers. We understand the daily demands faced by our clients and we dedicate our expertise to guiding clients on how to best resolve their disputes in the most cost effective and efficient manner.

Although we can offer our expertise in court litigation, Malta also provides other modes for dispute resolution which are meant to be faster, cheaper and more informal and confidential in nature than the traditional court litigation. Arbitration is a powerful alternative to this.

The Arbitration agreement provides the basis for arbitration. This is done either through a clause in a contract, the arbitration clause. Or by an agreement after the dispute has arisen where the parties agree to submit their dispute to arbitration, the submission agreement.

The model arbitration clause recommended by the Malta Arbitration Centre for domestic or international commercial disputes is that “Any dispute, controversy or claim arising out of or relating to this contract, or the breach, termination or invalidity thereof, shall be settled by arbitration, in accordance with Part IV (Domestic Arbitration) or Part V (International Arbitration) of the Malta Arbitration Act and the Arbitration Rules of the Malta Arbitration Centre as at present in force.”

In Arbitration the decision-maker/s, known as the arbitrator/s can be selected by the parties, usually for their special expertise, and are selected from what are known as panels where the arbitrators are specialists in their field. Popular panels include construction, banking and finance, maritime and insurance.

Furthermore, the arbitration proceedings can be tailored to fit the parties’ needs and to fit the dispute. This flexibility in how the proceedings are conducted is one of the biggest advantages of arbitration. And due to this, arbitrations can be scheduled, conducted and concluded more quickly and conveniently than in a court room.

Another important factor about commercial arbitration is that the final decision, the award, is not a public decision and therefore the entire contents of the proceedings is something only the parties are privy to.

Our Arbitration team have advised and represented clients both institutionally in domestic proceedings under the rules of the Malta Arbitration Centre, and internationally in arbitral proceedings conducted under the rules of the ICC, LCIA, ICDR, UNCITRAL, as well as in ad hoc proceedings.

The Arbitration practice is known for its dynamic and multi-layered approach to problem solving. The firm advises clients in a wide array of industries, in construction contracts under FIDIC, telecommunications, media and technology, banking and finance, energy and oil and gas to name a few.

We can help with:

Mediation in Malta is regulated through the Mediation Act (Chapter 474 of the Laws of Malta) and provides for the process of mediation which may be resorted to by parties looking at reaching an amicable agreement. With the assistance of an independent third party, known as the mediator, the parties would be able to discuss within a confidential process and work towards a mutual acceptable agreement.

Although mediation in most cases is voluntary, in certain instances mostly concerning family law matters, mediation is compulsory.

Our team endeavors to promote mediation as a form of dispute resolution wherever possible. We help guide parties to reach an amicable settlement in front of a mediator and also advise the parties on how to formalize that agreement. Although mediation does not result in a definite judgement or award, it promotes a faster resolution process with less formalities.

With our expertise, our team can provide skilled guidance throughout the mediation process to ensure your needs and interests are safeguarded resulting in the best possible outcome for you.