Regional news: Malta
Europe column: COMI and ascertainability by third parties
Bob Wessels comments on Lord Justice Lewison’s concurring opinion in the recent English Court of Appeal centre of main interests decision in East-West Logistics v Melars Group.
14 November 2022
COMI: Court of Appeal finds governing law of contracts does not displace place of registration presumption
An oil trader has failed to persuade an English court that a Maltese-registered oil company’s hard-to-determine centre of main interests is in England – the country whose law governed the pair’s contracts – in the latest UK decision to interpret the European Insolvency Regulation.
31 October 2022
Maltese oil company’s ex-directors face English injunction application
The English liquidators of a Malta-registered oil company have asked a London court to stop two former directors from purporting to act on its behalf in Swiss proceedings - but they may face questions over the court’s jurisdiction.
07 May 2021
COMI not in place of registration by default, English court rules
An English court has issued a winding-up order against a Maltese-registered oil company, after finding its centre of main interests was in the UK rather than its place of registration by default.
17 August 2020
Malta first: winding-up stayed in the face of bona fide dispute
In a first of its kind ruling, a Maltese court has stayed a winding-up application against local aircraft conversion company Eolia, finding evidence of a bona fide dispute.
06 August 2020
Asset recovery column: Tools in action
Edward Davis and Annette Escobar, of Sequor Law in Miami, discuss a massive Ponzi scheme in Chile involving the execution of asset recovery and cross-border recognition tools in multiple jurisdictions.
17 September 2018
European Commission warns Malta against further rescue finance for struggling national airline
The European Commission has ruled out the possibility of allowing the government of Malta to use state funds to clear up to €66 million from the balance sheet of Air Malta, the national airline that completed a restructuring in 2012 with the help of €130 million of state aid.
12 December 2016
ECJ settles 22-year wage dispute over insolvent Maltese ship
The European Court of Justice has found that seven Greek sailors who worked for a Maltese cruise ship company that went bankrupt before Malta entered the EU, are still protected by EU law - ending a 22-year wage dispute that pitched an EU directive against Greek domestic law and the UN Convention for the Law of the Sea.
03 March 2016