A review of the Malta Arbitration Act 1996

Abstract

Arbitration, both domestic and international, has become a subject of topical importance in Malta, following the enactment of Act II of 1996. The infrastructure has been provided for an effective system of alternative dispute resolution, by providing for the regulation of both domestic arbitration and international commercial arbitration. 'A Review of the Malta Arbitration Act 1996' aims to give an exhaustive analysis of this Law, by presenting a comprehensive exposition of its provisions. In this regard, a :fundamental point is the intimate link that exists between the Arbitration Act and the UNCITRAL Model Law on International Commercial Arbitration. Indeed, the Model Law is part of the Act insofar as international commercial arbitration is concerned. Therefore, an analysis of the Model Law is also entered into, bringing this relationship to the fore. ' The last two chapters of this review aim to give an overview of the remaining two international instruments set out as Schedules to the Act, namely, the Convention on the Recognition and Enforcement of Foreign Arbitral Awards and the Convention on the Settlement of Investment Disputes between States and Nationals of Other States, each of them being of paramount importance in the field of international arbitration. Malta will have specific obligations under these Conventions, binding the State not only internationally but also domestically, as discussed in the course of this analysis.