In the business scenario, daily we enter into contracts and agreements. This leads to unavoidable breaches to which disputes arise. As much as contracts should be written to provide remedies this is not always the case and not all disputes can be easily resolved.
Business disputes can span across all industries and involve different types of legal contractual and commercial transactions of a non-criminal nature. Examples of breach of contracts can happen in trading agreements, maintenance agreements, reseller contracts, manufacturing agreements, financing agreements, commercial contracts and so on.
Generally, there are two ways of how a situation can be settled. The first way is a settlement between the parties involved outside of court, this is referred to as arbitration. Chapter 387 of the Laws of Malta focuses on the Artbitration Act that encourages and facilitates the settlement of disputes through arbitration in Malta. This Act specifies instances where arbitration is mandatory such as in cases related to condominium disputes, motor traffic disputes that are not in connection with a claim for damages for personal injuries, and other so on. Handling a case outside of court generally indicates that the duration of the case will be shorter, making the process less time consuming and more cost effective.
The second way is when one of the parties takes matters to a court of law to settle, referred to as litigation. This will allow a judge to decide how the case should be resolved. Disputes that are settled through litigation can include commercial disputes, claims against the State and personal injury claims, amongst others.
For more information, please see our dedicated webpage here: https://sciberras.legal/practice-areas/litigation-arbitration/. Our legal team can assist you with any advice on arbitration or litigation matters for your case.
This article is for information purposes only and should not be construed as legal advice.
Article written by Ms Charlene Sciberras, B.A. (Hons), guest writer, a marketing and business administration specialist with a special focus on corporate, accounting, and legal matters.
Sciberras Advocates founded by Dr Adrian Sciberras, is a law firm based in Malta. The firm prides itself to be multi-disciplinary, innovative and flexible in order to meet the changing times and any challenges in the local and international legal scenario. No matter what private or corporate complex demands are called for, Sciberras Advocates offers practical and cost-effective legal solutions to achieve your desired results. You may reach Sciberras Advocates by phone on +35627795222 or via email on [email protected].
