The increasing number of companies and citizens borrowing money from banks in Malta has also led to situations in which the amounts could no longer be recovered and thus banking litigation has become quite common in our days. However, Malta has a flexible legal system which allows for the settlement of any type of disputes, including banking ones, in several manners. Among the most employed ways of settling banking disputes in Malta are court proceedings and arbitration. There is also mediation, but this method is seldom used.
Our attorneys in Malta can offer information about all the legal ways to resolve banking litigation in this country.
Most banking litigation cases are settled within the Maltese civil courts of justice. Court proceedings in Malta usually allow for the public to attend them, however there are also special circumstances when these proceedings are confidential. It must also be taken into consideration that in banking disputes the court will usually dispose for any banking documents not to be disclosed before the public. The first step to open a case with a court in Malta is to file a claim which will contain relevant information about the case and the oath of the petitioner. Next, the defendant will be noticed and given the time to prepare for the preliminary hearings, but also to submit a sworn declaration on taking notice about the claim.
It must be noted that the are certain limitations related to litigation cases. In the case of a banking litigation where a contract was concluded, the limitation period is 5 years.
Our litigation lawyers in Malta can offer more information about court procedures related to banking disputes.
The number of Maltese banks including arbitration clauses in their contracts with companies especially has increased a lot during the last few years. The Arbitration Act also made it possible for institutions to appeal to the Arbitration Court in Malta which can also assist in the settlement of banking disputes. Usually the arbitrator will help the litigant parties to reach an agreement.
For legal assistance in banking litigation cases, do not hesitate to contact our law firm in Malta.
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