Dispute Resolution
Be it a debt recovery effort, contractual dispute or a civil claim, having the right legal support in a pre-litigation or litigation scenario is crucial to secure an efficient and effective resolution.
For the most part, our efforts are geared towards out of court settlements which are generally less costly and distracting. Where this is not a possibility, we provide assistance and representation at various proceedings, keeping clients constantly abreast with developments while protecting their interests and reputation at all times. Our office represents clients on a number of legal matters but our litigation and arbitration practice focuses mainly around commercial, civil and maritime law.
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Debt Collection
Every business should have adequate systems in place to monitor and recover debts.
Failure to do so can be costly, sometimes even fatal. At the same, chasing debts can be a frustrating distraction from everyday business.
We can save you time and energy by demanding payment through judicial and extrajudicial channels. We also have a track record of successfully negotiating settlements in instances where the time value of money and legal costs could result in a lower return to our clients.
Our aim is to resolve matters efficiently and expeditiously and to constantly keep you updated with developments as they arise.
Our debt collection services include:
- Issuing extrajudicial letters of demand;
- Filing judicial letters;
- Filing special summary proceedings for the recovery of debts;
- Filing precautionary garnishee orders, warrants of seizure and injunctions;
- Filing proceedings before the Courts of Malta to recover debts, void preferential or fraudulent transactions or wind-up insolvent or bankrupt counterparties.
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Shareholder & Board Disputes
Unresolved disputes between shareholders or directors are likely to bring about devastating consequences.
It is not uncommon for differences of opinion to arise between shareholders or directors. And although board and general meetings tend to be governed by majority rule, lack of cohesion amongst shareholders or directors remains a costly distraction that should be addressed in a timely manner.
Seeking early advice to understand and later assert your legal rights can make the difference between an effective resolution or a deconstructive escalation.
Our shareholder and board dispute resolution practice boasts a sophisticated understanding of the rights and legal remedies available to shareholders, particularly, actions of unfair prejudice. We also assist Boards and shareholders hold directors to account where statutory duties are breached.
We have previously assisted clients:
- File and defend proceedings for unfair prejudice under article 402 of the Companies Act;
- Remove and appoint directors;
- Advice on aspects related to corporate governance;
- Advice on constitutive documents and shareholders’ agreements;
- Advice on legal aspects of succession of directors and shareholders.
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Commercial Disputes
Litigation risk is present in almost every commercial transaction. We can help you anticipate and mitigate contentious aspects of a transaction and take appropriate action where a dispute becomes unavoidable.
Commercial disputes are counterproductive in nature. A measured and equanimous approach is necessary to assess the appropriate level of escalation and to preserve the desired commercial outcome of a transaction.
Sometimes a commercial transaction is regulated by a clearly drafted contract, and a proper interpretation of the documentation is required prior to asserting contractual rights. In other instances, the behaviour of the parties in anticipation of the contract needs to be scrutinised to ascertain culpability.
There is certainly no one-size-fits-all solution to resolving commercial disputes and a thorough understanding of the relationship of the parties, jurisprudential aspects of the dispute and related commercial objectives is critical when considering the available options to manage and resolve the dispute.
As a trusted advisor, we help our clients take well-informed decisions to achieve the most commercially sound resolution to the dispute. From proceedings before the Courts of Malta to arbitration, mediation, conciliation and settlement negotiations, we are able to guide you through to an effective resolution that protects your most important business interests.
Real Estate Disputes
An ever-evolving real estate market requires lawyers with a good understanding of the law and related commercial aspects.
Whatever your involvement in real estate, we can assist you on a wide range of related issues. From disputes between landlords and tenants to issues of property conveyancing and title, we are able to utilise various dispute resolution options to ensure an efficient and effective resolution.
We also work closely with our transactional colleagues to pre-empt potential real estate disputes and provide related strategic advice.
We have previously represented clients in connection with:
- Proceedings and negotiations for the division of immovable property;
- Enforcement or removal of security interests over immovable property;
- Enforcement of a promise of sale or lease;
- Instituting or defending proceedings for latent defects or delivery of property that is not of the agreed quality;
- Proceedings for violation of peaceful possession of property;
- Government expropriations;
- Lease disputes;
- Construction and finishing disputes;
- Disputes related to easements and boundary walls;
- Issues related to planning and environment;
- Judicial sale by auction of immovable property and valuation disputes.
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Reputation Management
In the digital age, where tweets and blog posts can go viral, the years spent building a brand can be exposed to risk upon the occurrence of unforeseen events.
Oftentimes, insufficient or delayed action to such events carries with it severe consequences to the reputation of a business. For this reason, our reputation management practice is dedicated to identifying bespoke solutions to enable clients resolve crises without losing focus on operations.
We leverage our legal and regulatory expertise to assist clients deal with crises in a discreet and timely manner during all stages of proceedings, negotiations and communications.
The firm’s practice is by no means limited to reactive or remedial assistance. We also offer consultancy on preventative measures and avoidance strategies by identifying those risk factors that impinge on the reputation of your business.
Our reputation management services include:
- Assistance with data erasure requests ("right to be forgotten");
- Advisory on the rights and exceptions in press legislation;
- Representation in libel claims;
- Assistance with crisis preparedness;
- Assistance with litigation, employment and restructuring communications;
- Representation in governmental and regulatory investigations and enforcement actions;
- Representation and advisory in relation to workplace incidents.
Employment Disputes
Preserving your reputation as a stable and good employer or a diligent and hard-working employee is critical to your future.
Employment laws and trends constantly evolve. An accurate interpretation of the employment agreement is critical to resolving related disputes. However, some laws can supersede or void certain provisions set out in an employment agreement.
An acute understanding of the legal and jurisprudential aspects of employment law is therefore required to ensure that the right approach to the dispute is adopted.
Our employment disputes practice seeks to primarily avoid formal proceedings which tend to carry with them the reputational risk that may impinge on future recruitment opportunities. When proceedings become inevitable, we are able to utilize various dispute resolution options to resolve the dispute in a discreet and cost-effective manner.
No matter the complexity or sensitivity of the case, our aim is to assert your rights in a way that preserves your reputation and business interests.
We have previously assisted clients:
- File and defend claims for unfair termination;
- Protect confidential information and trade secrets;
- Hold directors and senior employees responsible for breach of duty;
- Recover unpaid wages;
- Resolve disputes arising from restrictive covenant clauses in employment contracts, such as non-compete or non-solicitation clauses.
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Intellectual Property Disputes
Our practitioners are often called upon to resolve highly complex intellectual property disputes
Intellectual property is an intricate practice area that is at the forefront of innovation. The legal landscape is ever evolving and so too are the relative rights and qualifications of right-holders.
Resolving intellectual property disputes necessitates a technical understanding of the subject-matter together with related areas such as competition and employment law.
Whether you intend to assert your IP rights or defend an alleged infringement, we can guide you through each step of the resolution process.
Our approach is to avoid prolonged litigation and to pursue tactical negotiations where this is possible.
Our IP practitioners have previously assisted clients with:
- Trademark disputes;
- National and EU trademark oppositions;
- Design and copyright disputes
- Trade secrets disputes.
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Financial And Investment Services Disputes
We represent financial institutions, hedge funds, brokers, asset managers, retirement scheme administrators, insurers and investors on a wide range of regulatory, civil and commercial disputes.
Because we understand the business and the related products, and because we have robust compliance and dispute resolution practices, we are able to offer tangible solutions in an industry that continues to evolve at an unprecedented pace.
We believe that trust is the key driver in financial and investment services, which means that disputes must not be treated in isolation. A holistic evaluation of the broader ramifications such as the potential impact on relationships with regulators, counterparties and investors is necessary to formulate an optimal strategy to resolve the dispute.
Our financial services and investment disputes experiences includes:
- Defending and prosecuting allegations of mis-selling of financial products;
- Contractual disputes with counterparties such as insurers, execution brokers, liquidity providers, trading venues, technology providers and clearing houses;
- Pension, trust and retirement benefit disputes;
- Defending financial and investment services providers against regulatory actions.
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Maritime Disputes
Navigating the complexities of maritime law requires expertise and precision.
The maritime sector is characterised by intricate commercial arrangements and substantial financial stakes, often giving rise to complex disputes that demand expert legal intervention. At Muscat Mizzi Advocates, we are committed to guiding clients through these multifaceted challenges whenever legal assistance in Malta is required.
Our team boasts extensive expertise in shipping and maritime law and a proven track record in managing diverse litigious dispute resolution matters. We provide strategic, tailored solutions designed to achieve optimal outcomes in even the most complex maritime matters.
We assist with:
- Drafting, negotiating and reviewing agreements relating to maritime matters;
- Ship arrests;
- Enforcement proceedings;
- Maritime dispute resolution.
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