Insights

Invoking an arbitration clause in a contract subject to Maltese law

The Maltese Arbitration Act was meant inter alia to confirm in general the supremacy of the will of the parties to a contract containing an arbitration clause, to choose arbitration to the exclusion of ordinary courts. In view of recent developments in case-law interpreting and applying a provision in the same Arbitration Act, the ordinary courts seem to be fighting back to retain more than the residual authority which the courts traditionally retained for themselves when the contracting parties would have agreed on an arbitration clause. DisclaimerThis document does not purport to give legal, financial or tax advice. Should you…

Stephen Muscat18th May 2017

Insurance & Reinsurance

Malta: Securitisation Cell Companies

The Securitisation Cell Companies Regulations (S.L. 386.16) which were enacted on the 28th November 2014 provide for an effective and robust legal framework for segregation of different sets of assets and risk instrument within a single special purpose vehicle, the Securitisation Cell Company, permitting the creation of multiple securitisation transactions without incurring any risk of cross-contamination between the different creditors and investors of the individual cells.To date the Maltese regulator, the Malta Financial Services Authority has 36 notified securitisation vehicles, and one reinsurance vehicle.Furthermore 17 cells have been granted a licence. Key features of Securitisation Cell CompaniesA Securitisation Cell Company (SCC)…

Petra Attard11th May 2017

Intellectual Property

What is the Public’s Perception of Piracy and Counterfeiting in Europe?

The European Union Intellectual Property Office (EUIPO) * has carried out a survey to gauge the perceptions and various sentiments held by EU citizens towards intellectual property rights, which encompass various aspects such as trademarks, designs, patents, copyright and the registration and protection of such.** The survey collected the views of over 26,500 people aged 15 and over across all 28 EU Member States, including Malta. THE EUIPO had also conducted a similar survey in 2013, the results of which have been complemented by this more recent survey. Comparisons to the 2013 survey allow for an insight into how the public…

Antoine Camilleri5th May 2017

Employment and Industrial Relations

Limiting the applicability of post-termination restraints on employees in Malta

The First Hall of the Civil Court delivered a judgment on the topic of post-termination of employment restrictive clauses, in the names of Cutrico Services Ltd vs Josef Penza (23rd February 2017). This judgment highlights the importance of careful drafting of employment contracts, in particular as regards restraints on the employees, since these can easily be considered as being against competition. The defendants's employment contract had contained a restrictive clause which provided that he was not, for his own account or for that of any other person, firm or company, solicit or interfere or endeavour to entice away from the…

Christine Calleja28th April 2017

Investment Services & Funds

Mamo TCV Advocates assist with the first transformation of a SICAV to an incorporated cell under a RICC in Malta

Mamo TCV Advocates recently assisted clients with the first transformation in Malta of an Investment Company with Variable Share Capital ("SICAV") to an incorporated cell ("IC") under a Recognised Incorporated Cell Company ("RICC"). This transformation was effected using the provisions of the Companies Act (Recognised Incorporated Cell Companies) Regulations (Subsidiary Legislation 386.15 of the Laws of Malta). The SICAV IC is also licensed by the Malta Financial Services Authority ("MFSA") as an alternative investment fund ("AIF") under the Alternative Investment Fund Managers Directive (Directive 2011/61/EU of the European Parliament and of the Council of the 8th June 2011).The Investment Services…

Nicholas Micallef21st April 2017

News

Mamo TCV Advocates Wins Mondaq Award – March 2017

Mamo TCV has again won the Top Communicator Award from Mondaq for the Most Popular Article in Malta for March 2017. The article that clinched the award, Malta: Patent Law – An Update On Manufacturing / Research Opportunities In Malta For The International Generics Drugs Industry, was written by Dr. Antoine Camilleri . To read more about the award, please visit Mondaq's website. (Contributor With Most Popular Article In Malta).

MamoTCV Advocates18th April 2017