The Maltese Commercial Court is set to make a comeback following the enactment of Act No. IV of 2026 on 17 March 2026.

Although the Act has been published, it will only enter into force on such date/s determined by the Minister for Justice as published in the Government Gazette.

The Act provides for the Commercial Court to be constituted by a single judge and sets out an extensive jurisdiction covering, among others, cases in relation to the application of “the Commercial Code, the Companies Act, the Competition Act, merchant shipping, collision of sea vessels, salvage, average, marine insurance, marine pollution, intellectual property rights, bills of exchange, promissory notes or other credit instruments, bankruptcy and any other related matter,even if said matter is not the subject of a cause, including the seizure of a going concern and sea protests”.

The Court is also envisaged to have jurisdiction over “actions relating to precautionary and executive warrants issued by the Commercial Court”  and to “to perform any function relating to the recognition and enforcement of foreign arbitration awards as may be provided from time to time in the Arbitration Act, in regulations made thereunder or in any other law”. The extent to which the Commercial Court will have jurisdiction over the recognition and enforcement of foreign arbitral awards remains to be seen and may necessitate further amendments to the Arbitration Act.

Once the Act comes into force, all cases currently pending before the Civil Court (Commercial Section) will be transferred to the Commercial Court, together with other pending civil proceedings being heard by the First Hall Civil Court that fall within the competence of the Commercial Court –  save for those already at an advanced procedural stage or adjourned for judgment.

Given the breadth of jurisdiction and the areas still requiring clarification, careful consideration will be needed when determining the appropriate forum for new claims. Nevertheless, the re‑introduction of the Commercial Court represents a long‑awaited and welcome reform, creating a more efficient, consistent, and specialised judicial forum that is better suited to managing the increasingly complex commercial disputes that accompany Malta’s evolving and sophisticated economy.