Dispute Resolution and Litigation

Dispute Resolution & Litigation

Malta's unique hybrid system is the product of numerous influences coming in from different legal systems throughout the years. In our judicial system we thus witness civil law and common law practices working together with the recent EU laws introduced upon Malta’s accession in 2004.

Dispute resolution in Malta is mainly settled by means of court litigation. Litigants may alternatively resort to alternative dispute resolution, comprised of arbitration, mediation, tribunals and boards.

The Firm’s experience in litigation ranges from cases in constitutional law, public and administrative law, criminal law, civil law including contract law, family law, property law, commercial and corporate law, intellectual property law, consumer law, tax law, and most notably maritime litigation.

Criminal

Mifsud & Mifsud Advocates is one of Malta’s leading Law Firms in the Criminal Law Practice. The firm’s lawyers have been practising criminal law for the past 20 years and have assisted clients before all the Criminal Courts of Malta including trials by jury and criminal appeals. The firm’s team also practices before the Court of Magistrates as a Court of Criminal Inquiry or as a Court of Criminal Judicature. Malcolm Mifsud is the partner who heads this department and has assisted a number of individuals in prominent trials that took place in Malta

Civil

Mifsud & Mifsud Advocates has a team of experienced lawyers practising in the field of Civil Law, which is considered to be one of the main pillars of a country’s juridical system. Civil law mainly regulates an individual’s rights and obligations towards third parties in any form of contractual terms and conditions. Moreover, it regulates issues concerning the principle of tort, which relates to the liability of individuals when held responsible for damages.

Mifsud & Mifsud Advocates also practices in the field of Family Law. Read more about Divorce Law in Malta on www.expatriatelaw.com - article written by Dr. Malcolm Mifsud.

Family Law

Mifsud & Mifsud Advocates' experience in Family law extends to all kinds of matters wherein one may need assistance with family and marital related issues. Our legal team advices and provides assistance throughout all legal proceedings, including mediation, separation and divorce suits. We also cater for a wide-range of services relating to maintenance actions, care and custody concerns as well as access to children and those under parental authority. A comprehensive approach is adopted to issues relating to Domestic Violence and Abductions, which cases are dealt with expediently and with proper consideration given to the sensitive nature of the case.
Read more about the procedure adopted in Divorce Law in Malta in the article published on the Expatriate Law website written by Dr. Malcolm Mifsud.

Commercial &
Corporate

Mifsud & Mifsud Advocates advises clients at all stages of a commercial process, including litigation proceedings. Clients of Mifsud & Mifsud Advocates have the security of being advised by experienced lawyers who do not only see the short-term effects of a commercial relationship but also cater for client protection in the event that litigation is necessary to solve a dispute between the contractual parties. Mifsud & Mifsud Advocates has been engaged by a number of prominent local and foreign commercial entities in high profile litigation cases.

Maritime

The team of Mifsud & Mifsud Advocates is one of Malta’s leading law firms for Maritime litigation. It has extensive experience in ship arrests in the Maltese jurisdiction and has acted on behalf of clients in many maritime disputes before the Maltese law courts.

Our team of lawyers is also experience in the enforcement of executive titles and mortgages over vessels, eventually leading to the execution of such titles. Mifsud & Mifsud Advocates can therefore assist in issues related to judicial sales by auction or private sales (by order to the court) of vessels.

Alternative Dispute Resolution

Alternative Dispute Resolution is becoming increasingly more popular over time due to the numerous benefits it offers in comparison with Court litigation, particularly as a result of its more expedient, cheaper, informal and confidential nature. Despite its consensual nature, in limited disputes such as those relating to minor traffic accidents and condomimium disputes, arbitration is mandatory as it enables parties to resolve such issues quickly and at lower costs.

The Arbitration Act (Chapter 387 of the Laws of Malta) is the main law establishing a framework for arbitration proceedings, incorporating a number of international instruments including the UNCITRAL Model Law (First Schedule to the Act), the Geneva Protocol on Arbitration Clauses (Second Schedule to the Act), the Geneva Convention on the Execution of Foreign Arbitral Awards (Second Schedule to the Act), the UN Convention on the Recognition and Enforcement of Foreign Arbitral Awards (Second Schedule to the Act) and the Convention on the Settlement of Investment Disputes between States and Nationals of Other States (Third Schedule to the Act).

The Arbitration Act also provides for the setting up of an Arbitration Centre, which is to promote and encourage the conduct of domestic and international commercial arbitration, whilst dealing with the proceedings, costs, awards and other rules and guidelines related to them. This Act further caters for international arbitration by means of Arbitration Chambers formed between Maltese residents and non-residents of Malta.

LAWYERS SPECIALISING IN THIS FIELD

Malcolm Mifsud

Malcolm qualified as a lawyer in 1995 and was engaged as an associate in one of Malta’s largest law firms. He branched out on his own in 1998 and participated in partnerships that developed into to Mifsud & Mifsud Advocates, which he co-founded with his brother Cedric in 2007. Malcolm has a vast experience in Civil and Commercial litigation and as a result has advised on a large range of legal issues to individuals, corporate structures and public institutions, whether in Malta or abroad.

Cedric Mifsud

Cedric Mifsud graduated as lawyer from the University of Malta in 2003 and was subsequently admitted to the bar in Malta. He later specialised in European Law particularly focus on Competition law. Upon qualifying he joined a leading firm in Malta as a litigation lawyer. In 2007 together with his brother, Malcolm, he co-founded Mifsud & Mifsud Advocates. Cedric set up the Corporate and Commercial Department of the firm making the firm one of the leading business law firms in Malta. Part of the Corporate and Commercial Department includes the Maritime Practice which has a considerable portfolio of Superyachts and Commercial Vessels.

Gianluca Cappitta

Gianluca graduated as an advocate in 2014 and was warranted to practice law in 2015. He joined Mifsud & Mifsud Advocates as an associate in 2015 after three years of training within the firm. Apart from litigation and provision of legal advice, Gianluca is primarily tasked with handling immigration work, vetting of contracts and the carrying out of prosecution services at Local Tribunals.

Charlene Gauci

Charlene obtained her Bachelor of Laws (Honours) degree in 2016 and is currently reading for Master of Advocacy at the University of Malta. She joined Mifsud & Mifsud Advocates as a legal trainee in 2015 and is mainly responsible for vetting contracts, shipping registration, legal research and drafting, and other general corporate duties.

Davina Sullivan

Davina Sullivan read law at the University of Malta wherefrom she obtained a Bachelor of Arts in law and a diploma certificate of Legal Procurator in 1992. Admitted to the Chamber of Legal Procurators in 1992 as a solicitor, she is responsible for the procedural side of cases and the processing of all paperwork filed by the firm before the Courts of Justice in Malta.

Ian Barbara

Ian graduated with a Bachelor of Laws (Honours) in 2020 and is currently reading a Masters in Advocacy. He joined Mifsud & Mifsud in October 2020 as a legal trainee assisting the Shipping Department and conducting general legal research.

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