Act No. IV of 2026, formally titled the ‘Various Laws relating to the Establishment and Jurisdiction of the Commercial Court (Amendment) Act, 2026’ (the “Act”), marks the return of a dedicated Commercial Court in Malta, a judicial forum that had previously existed and was subsequently absorbed into the general civil court structure.
Published on 17th March 2026, the Act brings with it a wide net of jurisdictional implications and a clear intention of streamlining commercial disputes by consolidating them before a single, specialised forum. By virtue of the Act, a variety of causes will now fall into the jurisdiction of the reintroduced Commercial Court, and away from the First Hall Civil Court, both in its Commercial Section or otherwise.
It is important to point out that although the Act has been published and enacted, it has not yet come into force and shall only do so on the date established by the Minister for Justice by a notice published in the Government Gazette. One should note that the Act provides for a possibility of different dates being established for the coming into force of different provisions.
The Act confers a significant and broad jurisdiction on the Commercial Court which is set out in Article 5 of the Act, introducing Article 32A into the Code of Organisation and Civil Procedure (Cap. 12 of the Laws of Malta). This jurisdiction is extensive, and covers, amongst others:
- General commercial matters, including causes under the Commercial Code and the Companies Act;
- Banking and finance;
- Maritime matters;
- Aviation;
- Intellectual property;
- Competition and consumer affairs; and
- Insolvency.
This breadth of jurisdiction reflects the Commercial Court’s mandate to serve as a one-stop forum for all significant commercial disputes.
The Act is mindful of the practical challenges that arise from a wholesale transfer of jurisdiction and includes carefully drafted transitional provisions. Upon the coming into force of the Act, causes pending before the First Hall of the Civil Court (Commercial Section) shall be assigned for hearing by the Commercial Court. Causes which on the date of commencement are being heard by a civil court other than the Civil Court (Commercial Section), but which according to the Act fall within the competence of the Commercial Court, shall be transferred for hearing by the Commercial Court upon commencement, unless on that date they stand adjourned for final submissions or for judgment. Any judgment or decree delivered after the coming into force of the Act by a court other than the Commercial Court in such transferred causes shall not give rise to any nullity or other legal defect, and the court that decided such cause shall be deemed, for all purposes and effects of law, to have retained its competence to decide it.
These provisions collectively ensure that litigants are not prejudiced by the transition and that the change in court structure does not give rise to technical arguments of nullity or jurisdictional defect.
The Act is a significant legislative instrument for Malta. It confers a wide-ranging and carefully calibrated jurisdiction spanning company law, banking, maritime, aviation, intellectual property, and competition, and introduces thoughtful transitional arrangements to ensure continuity.
For practitioners, the Act demands careful study. The jurisdictional provisions are extensive, and the consequential amendments touch virtually every corner of Malta’s commercial legislation.
