MALTA Law and Practice Contributed by: Antoine Cremona, Louis Cassar Pullicino, Clement Mifsud-Bonnici and Yasmine Ellul, Ganado Advocates
• any fees and expenses payable to the MAC. Unless otherwise agreed by the parties, an arbitral tri - bunal may include interest at a reasonable rate in any monetary award, whether for a liquidated or unliqui - dated amount. This interest can apply to the whole or any part of the awarded sum and for any period between the cause of action’s date and the award’s date. Additionally, the tribunal may direct that interest is payable from the date of the award or a later speci - fied date. In practice, interest is often awarded at a rate of 8% simple interest per annum, which is the standard statutory rate under Maltese law. Recourse to the national courts against an internation - al arbitral award may be had only by an application for setting aside in accordance with specific provisions provided by the Arbitration Act. The party making the application must show that either: • a party to the arbitration agreement was under some incapacity; 11. Review of an Award 11.1 Grounds for Appeal • the agreement is not valid under the law that the parties have stipulated or, failing any indication thereon, under the law of Malta; • the party making the application was not given proper notice of the appointment of an arbitrator or of the arbitral proceedings, or was otherwise unable to present its case; • the award deals with a dispute not contemplated by or not falling within the terms of the submission to arbitration, or contains decisions on matters beyond the scope of the submission to arbitration, provided that, if the decisions on matters submit - ted to arbitration can be separated from those not so submitted, only that part of the award which contains decisions on matters not submitted to arbitration may be set aside; or • the composition of the arbitral tribunal or the arbitral procedure was not in accordance with the agreement of the parties, unless such agreement was in conflict with a provision of the Act from
which the parties cannot derogate or, failing such agreement, was not in accordance with the Act. An arbitral award may also be set aside if the court finds that: • the subject matter of the dispute is not capable of settlement by arbitration under the law of Malta; or • the award is in conflict with the public policy of Malta. An application for setting aside may not be made after three months have elapsed from the date on which the party making that application had received the award or, if a request had been made for correction, interpretation or an additional award, from the date on which that request had been disposed of by the arbitral tribunal. Recourse against an international arbitral award may be made to the Court of Appeal by an appeal on a point of law only if the parties to the arbitration agree - ment have expressly agreed that such right of appeal is available to the parties in addition to the rights of recourse as contemplated in Article 34 of the UNCI - TRAL Model Law. When it comes to domestic arbitral awards, recourse against an arbitral award may be made to the Court of Appeal by application for: • setting aside in accordance with specific provisions of the Act; • appeal on a point of law in accordance with spe - cific provisions of the Act; and • appeal on points of law and fact in accordance with specific provisions of the Act in the case of mandatory arbitrations. In these cases, the application must be made within 15 days from the notification to the applicant of the award in accordance with the Act, and the applicant is to notify the arbitrators and the MAC with a copy of the application as soon as practicable but not later than 15 days after the application is filed.
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