Act IV of 2026 amends two principal Acts — the Code of Organization and Civil Procedure (Cap. 12) and the Commercial Code (Cap. 13) — to establish the Commercial Court as a distinct superior court of Malta and to make all consequential textual amendments across both codes. The Act was assented to by the President on 17 March 2026 and passed by the House of Representatives on 11 March 2026.

Part I amends Cap. 12. Article 3 of the Code is substituted in its entirety (Act art. 3) to list four superior courts: the Civil Court, the Commercial Court, the Court of Appeal, and the Constitutional Court. Article 32(2) is amended (Act art. 4) so that the Civil Court retains jurisdiction over civil causes and only those commercial causes not assigned to the Commercial Court. A new article 32A (Act art. 5) is inserted establishing the Commercial Court as a one-judge court whose jurisdiction covers: causes under the Commercial Code (Cap. 13), Companies Act (Cap. 386), Competition Act (Cap. 379), merchant shipping, sea collisions, salvage, average, marine insurance, marine pollution, intellectual property rights, bills of exchange, promissory notes, credit instruments, bankruptcy, seizure of a going concern, and sea protests. Sub-article 32A(2)(b) lists 21 specific Acts whose subject matter falls within the Commercial Court's competence, including the Banking Act (Cap. 371), Financial Institutions Act (Cap. 376), Consumer Affairs Act (Cap. 378), Copyright Act (Cap. 415), Patents and Designs Act (Cap. 417), Trademarks Act (Cap. 597), Pre-Insolvency Act (Cap. 631), and others. Sub-article 32A(2)(c) confers specific cognisance over admiralty-type causes including actions in rem and in personam under article 742B of Cap. 12, judicial sales of ships and aircraft, disputes involving Maltese shipping organisations or international owners, bill-of-exchange actions, precautionary and executive warrants, and recognition and enforcement of foreign arbitration awards under the Arbitration Act (Cap. 387). Article 32A(3) empowers the Minister responsible for justice to assign further causes by regulation, including transitory arrangements. Article 32A(4) empowers the Minister by Gazette order to substitute references to 'Civil Court, First Hall', 'First Hall Civil Court', and 'Civil Court (Commercial Section)' in any law or regulations with 'Commercial Court'. Three further articles are inserted after article 36A: article 36B provides that when defendants reside or are registered in Gozo or Comino the Commercial Court sits in the Gozo courthouse, unless those parties consent to sitting in Malta; article 36C confers ancillary jurisdiction over execution of judgments, other executive titles, and precautionary measures; article 36D provides that judgments of the Commercial Court are appealable to the Court of Appeal. Articles 36(7), 39, 41(8), and 161 of Cap. 12 are also amended to replace references to 'Civil Court, First Hall' or 'Civil Court (Commercial Section)' with 'Commercial Court' or equivalent composite formulations.

Part II amends Cap. 13 (Commercial Code) through articles 12–34 of the Act. These are largely consequential substitutions throughout the Commercial Code replacing every reference to 'Civil Court, First Hall' or 'Civil Court (Commercial Section)' with 'Commercial Court'. Specific articles of the Commercial Code amended include articles 9, 12, 29, 37, 38, 55, 86, 91, 196, 204, 382, 478, 480, 481, 482, 493, 504, 513, 521, 547, and 549, as well as the heading of Part IV and the heading of Title II of Part IV. Article 547 of the Commercial Code is substituted in full to state that commercial jurisdiction is exercised by the Commercial Court in accordance with Cap. 12 and the Commercial Code. Notably, article 38 of the Commercial Code is amended so that the traders' register for Gozo is held under the authority of the Commercial Court and deemed part of the main register.

Part III (article 35) contains transitory provisions. Any substituted reference to the Commercial Court shall be deemed also to include the Civil Court, First Hall or the Civil Court (Commercial Section) for acts or actions done or commenced before the substitution. Causes pending before the Civil Court (Commercial Section) on the commencement date are automatically assigned to the Commercial Court. Causes pending before other civil courts that fall within the Commercial Court's competence are transferred to the Commercial Court on commencement, unless they stand adjourned for final submissions or for judgment. Judgments delivered after commencement by a court other than the Commercial Court in such transferred causes shall not be void or legally defective, and that court is deemed to have retained competence.

Commencement is not on publication. Article 1(2) provides that the Act comes 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.' The practical effect is that businesses, traders, shipping companies, financial institutions, intellectual property holders, and insolvency practitioners will have their commercial litigation heard by a specialist Commercial Court rather than the Civil Court, First Hall or its Commercial Section. Appeals continue to lie to the Court of Appeal. Parties with registered offices or residence in Gozo retain the right to have the court sit locally unless they consent otherwise.

Commercial Court (Act IV of 2026)