The Arbitration Amendment Act of 1999 : a commentary

Abstract

The first large-scale restructuring of Maltese arbitration law, which was brought about with the enactment of Act 11 of 1996 is considered as a momentous phase in the field of arbitration in Malta. Maltese arbitration law was transformed from a narrow system to one based upon an internationally accepted model, the UNCITRAL Model Law on International Commercial Arbitration. The need for a more effective, efficient and fair infrastructure of a system of alternative dispute resolution, particularly of the arbitration field, brought about subsequent reforms to the Arbitration Act in 1999. The Arbitration Amendment Act of 1999: A Commentary' aims to give an analysis of the amendments contained in Act XVIII of 1999, and the reasons underlying their incorporation in the Arbitration Act. By virtue of this Act, the operative parts of the Arbitration Act, namely Parts IV, V and VI have come in vigore, thereby marking the initializing of the new arbitration regime in Malta. The introduction of innovative concepts relating to the arbitration agreement, multi-party arbitration, registration of the arbitral award and the setting up of arbitration chambers augur well for the promotion of Malta as a leading arbitration centre. These are enhanced with the promulgation of a set of Arbitration Rules by the Malta Arbitration Centre and Rules of Ethics, providing for the conduct, duties and obligations of arbitrators. These issues, amongst other things, form the topics of discussion of this analysis.