Litigation, Arbitration & ADR

GANADO has an extensive and well respected Court practice, concentrated mainly around commercial and maritime litigation.

A notable amount of litigation involves an international commercial dimension, including admiralty law, arrest of ships, enforcement of foreign judgements and awards, banking, insurance, corporate, intellectual property, contractual disputes, insolvency, public procurement, competition and debt collection for foreign creditors.

This leading Maltese firm handles litigation, arbitration and ADR, with a special focus on commercial and maritime matters. Clients cite the lawyers’ experience and thorough approach as key strengths, and recommend practice head Louis Cassar Pullicino as a leading expert in shipping litigation.”Chambers Europe, 2012

Our Litigation, Arbitration & ADR Team comprises a number of advocates and a legal procurator who undertake litigation issues on a full-time basis. The team is also able to draw upon the knowledge and experience of lawyers in other practice areas of the firm in order to represent clients involved in highly technical or specialised disputes. GANADO has accordingly assisted a large number of local and foreign clients in their lawsuits before Maltese courts, arbitration and international fora in specialised areas such as fund litigation and disputes involving documentary credits.

Related Practice Areas

GANADO’s legacy as a leader in the Maritime and Shipping legal fields is reflected in the active involvement the law firm has increasingly had over the years in relation to ship arrests and enforcement procedures in the shipping industry. GANADO has assisted claimants (in particular mortgagees) in enforcing their rights through the arrest, judicial sales by auction, court approved private sales of vessels and the filing of injunctions over vessels in the Shipping Registry, as well as ship owners in arrest proceedings, ship releases and counter-security measures.

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GANADO has long recognised the pivotal role that EU and national competition and antitrust law plays in most domestic and cross-border commercial transactions. Our competition and anti-trust law practitioners advise clients and public authorities in all the industry areas serviced by the firm in relation to privatisations, public procurement processes, mergers, acquisitions, joint ventures and major transactions involving issues of dominance, intellectual property rights, State Aid and other competition related matters.

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Corporate insolvency, whether domestic or cross-border, raises numerous issues that need to be thoroughly and efficiently addressed in most transactions, particularly financial services ones. GANADO constantly assists creditors and insolvent companies or traders that experience financial difficulties, in preserving their rights efficiently in accordance with the relevant provisions of law.

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GANADO regularly advises both multinationals and locals regarding their Maltese data protection obligations ranging from the more mundane registration of processes with the local data protection regulatory authority and drafting of privacy policies for the firm’s client base to advising on complex transactions involving global data transfers and advising on the data protection aspects of large scale data theft, losses and cyber terrorism.

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Our Employment & Pensions Team acts for many of the islands’ employers on an array of areas such as the drafting of contracts of employment, employment handbooks, employment policies, share option schemes, pension schemes and other related documents. GANADO also assists clients in relation to dismissals, termination of employment, redundancies (including collective redundancies), matters relative to employee information and consultation, the transfer of undertakings and employee protection, employment discrimination and harassment, industrial disputes and all types of litigation connected with such matters.

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In recent years GANADO has turned its attention to and dedicated resources to the development of this practice area, seeking to keep the pace up with this fast growing field of law. The main focus points within this practice area have been the legislative developments instigated as a result of “climate change” concerns, the regulation of waste, development planning and the protection of the natural environment and sites of national importance.

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Traditionally, financial markets work in Malta was a very local affair – advising issuers and corporate stockbrokers on share and less frequently debt securities listed on the Malta Stock Exchange. However, this decade has seen a step change in the activity levels, opportunities, complexity and international influences surrounding the trading of financial instruments in or from within Malta.

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Commercial and Contract Law is at the centre of every activity performed by GANADO’s lawyers. Apart from the various aspects dealt with in the specific practice areas, the firm assists traders, corporate entities and private individuals alike in the more generic and non-sector specific aspects of commercial and contract law.

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GANADO is regularly involved in a number of M&A transactions, both local and international. It advises on corporate restructurings and drafts up or reviews the documents needed. It has extensive experience in the conduct of legal due diligence and provides up-to-date advice and assistance on all aspects of law relevant to each particular M&A transaction.

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GANADO provides advice on the regulatory aspects of anti-money laundering and counter terrorist financing legislation and regulations.

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GANADO assists its clients with all matters relating to commercial or private real estate deals, whether relating to the acquisition of property of all sizes, the leasing of offices or the structuring and setting up of a real estate property fund authorised by the Malta Financial Service Authority. Ancillary services include litigation relating to immovable property, and the payment and redemption of ground rents.

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GANADO provides Maltese tax advice to a variety of international corporate entities out of which a good number are listed on international stock exchanges. These include financial institutions, insurers, investment funds, fund managers, pension funds, private equity groups and shipping entities. We also advise private clients from across the globe on a range of tax matters.

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GANADO’s Corporate team registers marks on a regular basis in the national trademark register for a variety of business organisations, especially in the international pharmaceutical and food industries. We provide guidance on the documents and formalities required for the registration and assignment of trademarks as well as a long-term trademark renewal service.

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GANADO has led the project team that was entrusted with the Trust Law Reform project (which culminated in the extensive 2004 amendments to the Maltese law on trusts, and other related legislation), and with the enactment of the 2007 provisions on foundations and other legal organisations. The Trusts and Foundations practice is regularly involved in structuring, and providing general legal advice on, trusts and foundations in Malta, and is also responsible for ongoing assistance to various Maltese based (local and international) trustees.

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