Act IV of 2026 establishes a dedicated Commercial Court within the Maltese superior courts structure, addressing long-standing concerns about delay and judicial specialisation in high-value commercial disputes. The Court has first-instance jurisdiction over disputes arising from commercial contracts, company law, insolvency, financial services, and intellectual property where the amount at issue exceeds €250,000 or the legal complexity warrants specialist treatment. Lower-value commercial disputes remain with the Civil Court (Commercial Section) as before.

Judges of the Commercial Court are to be designated by the Chief Justice and must have demonstrable expertise in commercial law. The Act introduces several procedural innovations: mandatory pre-action correspondence and a structured disclosure regime modelled on English CPR Practice Direction 51U; case management hearings within 28 days of the close of pleadings; a default timetable from pleadings to trial of 12 months; and the availability of emergency interim injunctions on a same-day basis from a duty judge. Parties may agree in writing to conduct proceedings entirely in English.

The Act also provides for the recognition of international commercial arbitration awards under the New York Convention (already implemented in Cap. 387) and creates a fast-track enforcement corridor for ICSID awards. Appeals from the Commercial Court lie to the Court of Appeal (Superior Jurisdiction) on a point of law only, unless the Court grants leave on a question of fact. The Act comes into force on a date appointed by the Minister of Justice.

Commercial Court Act (Act IV of 2026)