ACT No. IV of 2026 AN ACT to amend various laws to provide for the establishment of the Commercial Court and to provide for consequential amendments.

I assent.

(L.S.)

MYRIAM SPITERI DEBONO

President

17th March, 2026

ACT No. IV of 2026

AN ACT to amend various laws to provide for the establishment of

the Commercial Court and to provide for consequential amendments.

BE IT ENACTED by the President, by and with the advice and

consent of the House of Representatives, in this present Parliament

assembled, and by the authority of the same as follows:-

(1) The short title of this Act is the Various Laws relating to

commencement.

the Establishment and Jurisdiction of the Commercial Court

(Amendment) Act, 2026.

(2) This Act shall come into force on such date as the Minister

responsible for justice may, by notice in the Gazette establish, and

different dates may be so established for different provisions and, or

purposes of this Act.

PART I

Amendments to the Code of Organization and Civil Procedure

This Part amends the Code of Organization and Civil

Procedure and it shall be read construed as one with the Code of

Organization and Civil Procedure, hereinafter in this Part referred to as

the "Code".

Article 3 of the Code shall be substituted by the following Substitution of

new article

"3.

The superior courts are

(a)

the Civil Court;

(b)

the Commercial Court;

(c)

the Court of Appeal; and

(d)

the Constitutional Court.".

In sub-article (2) of article 32 of the Code the words "of a Amendment of

civil and commercial nature" shall be substituted by the words "of a article

civil nature and of such causes of a commercial nature which are not

otherwise assigned by law to the Commercial Court".

Immediately after article 32 of the Code there shall be added Addition of new

the following new article

(1) One Judge shall preside over the

Commercial Court.

(2)(a) The Commercial Court shall decide causes, as

may be assigned to it by law or by regulations issued by

the Minister responsible for justice in accordance with

sub-article (3) unless jurisdiction is established under a

special law. Amongst other matters, the Commercial

Court shall decide causes under, or in relation to the

application of, or regarding 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.

(b) Without prejudice to paragraph (a), the

Commercial Court shall be competent to hear and

determine causes which are related to matters regulated

by the following laws or by any regulations made

thereunder

(i) Sub-Title III of Title VIII of Part I of the

Code of Organisation and Civil Procedure;

(ii) Carriage of Goods by Sea Act;

(iii) Civil Aviation Act;

(iv) Merchant Shipping Act;

(v) Ports and Shipping Act;

(vi) Banking Act;

(vii) Financial Institutions Act;

(viii) Consumer Affairs Act;

(ix) Competition Act;

(x) Companies Act;

(xi) Oil

Pollution

(Liability

and

Compensation) Act;

(xii) Intellectual Property Rights (Cross-

Border Measures) Act;

(xiii) Copyright Act;

(xiv) Patents and Designs Act;

(xv) Enforcement of Intellectual Property

Rights (Regulation) Act;

(xvi) Malta Competition and Consumer

Affairs Authority Act;

(xvii) Trademarks Act;

(xviii) Pre-Insolvency Act;

(xix) Representative Actions (Consumers)

Act;

(xx) Aircraft Registration Act; and

(xxi) Air Navigation Act.

(c) The Commercial Court shall also take

cognizance of the following causes whether of a civil or

commercial nature and which are within the competence of

the superior courts

(i) actions relating to collisions at sea;

(ii) actions arising out of the carriage of

goods by sea;

(iii) actions in rem against ships or vessels

under article 742B of the Code of Organization and

Civil Procedure;

(iv) actions in personam whether arising out

of tort or contract involving the subject matters

listed in article 742B of the Code of Organization

and Civil Procedure;

(v) judicial sales of ships, seagoing vessels,

aircraft and court approved private sales of ships,

seagoing vessels and aircraft;

(vi) any dispute relating to a ship or to

shipping brought by or against

-

any Maltese shipping organisation; or

-

any international owner as defined in the

Ships Eligible for Registration Regulations;

(vii) actions relating to bills of exchange and

the suspension of bills of exchange in accordance

with article 253(e) of the Code of Organization and

Civil Procedure;

(viii) actions relating to precautionary and

executive warrants issued by the Commercial Court;

and

(ix) 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.

(3) The Minister responsible for justice may by

regulations establish the causes which are to be assigned

to the Commercial Court by reference to their general

subject matter. Such regulations may also provide for

transitory arrangements in respect of causes the hearing

of which is pending.

(4) The Minister responsible for justice may, by

order in the Gazette, provide that the words "Civil Court,

First Hall", and "First Hall Civil Court", and "Civil Court

(Commercial Section)" and words including any other

slight variation thereon but indicating the Civil Court,

First Hall or the Civil Court (Commercial Section), as the

case may be, shall be substituted in any law or regulations

by the words "Commercial Court".

6. Sub-article (7) of article 36 of the Code shall be deleted.

7. Immediately after article 36A of the Code there shall be added Addition of new

the following new articles

When causes before the Commercial Court

consist of claims against persons residing or having their

Court in Gozo.

ordinary abode or registered office in Gozo or Comino,

the Commercial Court shall hold its sittings in the building

of the Court of Gozo

Provided that when the said persons declare by

means of a note or verbally before the court that they

accept that the cause be heard in the building of the Courts

of Malta the court may decide to hear the cause in the court

in Malta.

The Commercial Court shall have jurisdiction

jurisdiction of

over any matter relating to those cases which it takes to

cognisance including but not limitedly to, the execution of

its judgments or other executive titles the merits of which

falls within its jurisdiction and any matter relating to

measures of a precautionary nature.

Judgements of the Commercial Court shall be

judgements of

subject to an appeal to the Court of Appeal.".

8. Article 39 of the Code shall be amended as follows

(a) in the marginal note thereof the words "of Civil

Court, First Hall" shall be substituted by the words "of the

Commercial Court or the Civil Court"; and

(b) the words "in the Civil Court, or any section thereof"

thereof shall be substituted by the words "in the Commercial

Court, the Civil Court or any section thereof".

9. In sub-article (8) of article 41 of the Code the words "and the

Civil Court (Commercial Section)" shall be substituted by the words

"and the Commercial Court".

10. In the marginal note of article 161 of the Code the words

"Civil Court, First Hall" shall be substituted by the words "Civil Court,

First Hall, in the Commercial Court".

PART II

Amendments to the Commercial Code

11. This Part amends the Commercial Code and it shall be read

and construed as one with the Commercial Code, hereinafter in this

Part referred to as the "Code".

12. Part IV of the Arrangement of the Code shall be amended as

(a) in the heading thereof the words "Civil Court, First

Hall" shall be substituted by the words "Commercial Court"; and

(b) in the heading of Title II thereof the words "Civil

Court, First Hall" shall be substituted by the words "Commercial

Court".

13. In paragraph (a) of article 9 of the Code the words "in the

Civil Court, First Hall; or, where both parents are dead, interdicted or

absent, he has been authorized by the judge of the Civil Court, First

Hall" shall be substituted by the words "in the Commercial Court; or,

where both parents are dead, interdicted or absent, he has been

authorized by the judge of the Commercial Court".

14. In sub-article (2) of article 12 of the Code the words "Civil Amendment of

Court, First Hall" shall be substituted by the words "Commercial article

Code.

Court".

15. In article 29 of the Code the words "by summons before the Amendment of

Civil Court, First Hall or before the Court of Magistrates (Gozo) in its article

Code.

superior commercial jurisdiction, as the case may be" shall be

substituted by the words "by sworn application before the Commercial

Court".

16. In sub-article (3) of article 37 of the Code the words "The Amendment of

penalty, however, shall be fixed by the Civil Court, First Hall or by the article

Code.

Court of Magistrates (Gozo) in its superior commercial jurisdiction"

shall be substituted by the words "The penalty shall be determined by

the Commercial Court,".

17. Article 38 of the Code shall be amended as follows

Amendment of

article 38 of the

Code.

(a) in sub-article (1) thereof the words "Civil Court, First

Hall" shall be substituted by the words "Commercial Court"; and

(b) sub-article (2) thereof shall be substituted by the

following new sub-article

"(2) There shall also be kept under the authority of

the Commercial Court another register for traders residing

in Gozo and commercial partnerships having their place of

business in Gozo. Such register shall be deemed to form an

integral part of the register provided for in sub-article (1).".

18. In article 55 of the Code the words "by means of a note filed Amendment of

in the Civil Court, First Hall or in the Court of Magistrates (Gozo) in article

Code.

its superior commercial jurisdiction, as the case may be" shall be

substituted by the words "by means of a note filed in the Commercial

Court".

19. In sub-article (2) of article 86 of the Code the words "Civil Amendment of

Court, First Hall" shall be substituted by the words "Commercial article

Code.

Court".

20. In sub-article (1) of article 91 of the Code the words "the Civil Amendment of

Court, First Hall or the Court of Magistrates (Gozo) in its superior article

Code.

commercial jurisdiction, as the case may be" shall be substituted by the

words "the Commercial Court".

21. In article 196 of the Code the words "Civil Court, First Hall"

shall be substituted by the words "Commercial Court".

22. In article 204 of the Code the words "Civil Court, First Hall"

shall be substituted by the words "Commercial Court".

23. In sub-article (1) of article 382 of the Code the words "Civil

Court, First Hall" shall be substituted by the words "Commercial

Court".

24. In article 478 of the Code the words "Civil Court

(Commercial Section)" shall be substituted by the words "Commercial

Court".

25. In article 480 of the Code the words "Civil Court

(Commercial Section)", wherever they occur, shall be substituted by

the words "Commercial Court".

26. In sub-article (1) of article 481 of the Code the words "Civil

Court (Commercial Section)" shall be substituted by the words

"Commercial Court".

27. Article 482 of the Code shall be amended as follows

(a) in sub-article (1) thereof the words "Civil Court

(Commercial Section)" shall be substituted by the words

"Commercial Court"; and

(b) in sub-article (2) thereof the words "Civil Court

(Commercial Section)" shall be substituted by the words

"Commercial Court".

28. In sub-article (1) of article 493 of the Code the words "Civil

Court (Commercial Section)" shall be substituted by the words

"Commercial Court".

29. In article 504 of the Code the words "Civil Court

(Commercial Section)" shall be substituted by the words "Commercial

Court".

30. In sub-article (1) of article 513 of the Code the words "Civil

Court (Commercial Section)" shall be substituted by the words

"Commercial Court".

31. In sub-article (5) of article 521 of the Code the words "Civil

Court (Commercial Section)" shall be substituted by the words

"Commercial Court".

32. Part IV of the Code shall be amended as follows

(a) in the heading thereof the words "CIVIL COURT,

FIRST HALL" shall be substituted by the words

"COMMERCIAL COURT"; and

(b) in the heading of Title II thereof the words "CIVIL

COURT, FIRST HALL" shall be substituted by the words

"COMMERCIAL COURT".

33. Article 547 of the Code shall be substituted by the following Substitution of

article 547 of

new article

the Code.

547. Commercial jurisdiction shall be exercised by

"Commercial

jurisdiction.

the Commercial Court in accordance with the provisions

of the Code of Organization and Civil Procedure and this

Code.".

34. Article 549 of the Code shall be amended as follows

Amendment of

article 549 of

the Code.

(a) in the marginal note thereof the words "Civil Court,

First Hall" shall be substituted by the words "Commercial

Court"; and

(b) the words "Civil Court, First Hall" thereof shall be

substituted by the words "Commercial Court".

PART III

Transitory Provision

35. (1) Where, by virtue of this Act, a reference to the Civil Transitory

Court, First Hall is substituted with a reference to the Commercial provision.

Court, the said reference to the Commercial Court shall be deemed to

also include a reference to the Civil Court, First Hall or to the Civil

Court (Commercial Section) for the purposes of acts and actions done

or commenced before such substitution.

(2) Upon the coming into force of this Act, causes pending before

the First Hall of the Civil Court (Commercial Section) shall be

assigned for hearing by the Commercial Court.

(3) Causes which on the date of the coming into force of this Act

are being heard by a civil court other than the Civil Court (Commercial

Section), but which according to this Act fall within the competence of

the Commercial Court, shall be transferred for hearing by the

Commercial Court upon the coming into force of this Act, unless on

the said date they stand adjourned for final submissions or for

judgement.

(4) The judgement and, or decree, delivered after the coming into

force of this Act, of a cause as referred to in sub-article (3) by a court

other than the Commercial Court shall not, notwithstanding the

provisions of any other law, give rise to any nullity or other legal

defect, and the court which has decided such cause shall be deemed,

for all purposes and effects of law, to have retained its competence to

decide such cause.

Passed by the House of Representatives at Sitting No. 444 of the

11th March, 2026.

ANĠLU FARRUGIA

Speaker

ELEANOR SCERRI

Clerk of the House of Representatives

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