On 28 April 2025, the Court of Magistrates, presided over by Magistrate Dr Victor G. Axiak, delivered a partial judgment in the case of Nigel Scerri and Ennessee Ltd v. SR Environmental Solutions Ltd. This case raised significant issues on the operation of Article 15(3) of the Arbitration Act (Chapter 387 of the laws of Malta) and the impact of arbitration clauses on the jurisdiction of Maltese civil courts.
The case revolves around the correct interpretation of Article 15(3) of the Arbitration Act and the enforceability of arbitration clauses when raised at the preliminary stage but not by separate application.
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