What legal services does Dr Josianne Cardona Gatt provide in Malta?

Dr Josianne Cardona Gatt provides comprehensive legal, corporate, commercial, regulatory, licensing, gaming and iGaming, immigration, and Maltese citizenship & residency legal advisory services for local and international clients.

How can I schedule a legal consultation with the practice in Malta?

You can request a legal consultation through the website contact form, via email at cardonagatt.legal@gmail.com, or by calling +356 99826016.

Where is the legal practice of Dr Josianne Cardona Gatt located?

The practice is located at 16, Duke of Edinburgh Street, Hamrun, Malta, advising clients both locally in Malta and internationally across Europe and globally.

Does the practice assist international businesses establishing in Malta?

Yes, the practice offers complete cross-border and corporate setup assistance, including company incorporation, licensing, regulatory compliance, employment matters, and commercial contract drafting.

Drafting Effective Commercial Agreements: Key Provisions Under Maltese Law

Key Legal Takeaways

Clarity on conditions precedent, deliverables, and payment triggers prevents operational ambiguities.

Limitation of liability clauses must be carefully drafted to avoid invalidation under mandatory statutory provisions.

Governing law and jurisdiction clauses should explicitly define arbitration (e.g. Malta Arbitration Centre) or court jurisdiction.

Termination for convenience vs. breach terms must establish clear notice periods and post-termination transition obligations.

What Makes a Commercial Contract Enforceable in Malta?

Under Article 966 of the Civil Code, four essential requisites must be fulfilled for a contract to be valid: legal capacity of the contracting parties, valid consent, a determinate subject matter, and a lawful cause.

Carefully negotiated recitals, clear definition sections, and unambiguous operative clauses ensure that client interests are thoroughly safeguarded during commercial execution.

Limitation of Liability, Warranties, and Indemnities

Parties routinely negotiate caps on financial liability and exclusions for consequential or indirect damages. Under Maltese law, clauses seeking to exclude liability for fraud (dolus) or intentional gross fault are legally unenforceable.

Specific indemnities provide targeted financial recourse for third-party claims, IP infringement, or regulatory non-compliance.

Dispute Resolution and Alternative Mechanisms

Contracts frequently incorporate tiered dispute resolution clauses—requiring senior executive negotiation, followed by mediation, and ultimately binding arbitration under the Malta Arbitration Centre (MAC) rules or litigious recourse before the First Hall of the Civil Court.