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Act No. XV of 1983 - Att li jemenda I-Kodiċi ta' Organizzazzjoni u Proċedura Ċivili

Fifth Legislature (1982 - 1987)

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Published on 19 July 1983

Bill No. 28 - Code of Organization and Civil Procedure (Amendment) Bill

Objects and Reasons

This amending Act is intended to facilitate the recourse to arbitration, which is becoming a useful alternative to settling civil disputes in most progressive countries. The advantages of such a system would be to reduce costs for parties, to avoid burdening the courts with cases that could be settled or decided outside court procedures.

Furthermore, our system has developed to a very great extent the appointment of referees, who in actual fact decide issues of fact and law. Sometimes, especially in highly technical matters, the expert is better equipped than the judge to decide. Consequently it is more natural to have these people arbitrate.

To avoid the possibility of an irregularity, and to assure that the system would remain within the established principles of law, the right of appeal may be reserved by the parties.

It is hoped that this amendment would give the opportunity to many cases being referred to arbitration, although proceedings have already been instituted. The Bill makes provision for the reduction of costs in this respect.

Motion No. 32 - Code of Organization and Civil Procedure (Amendment) Bill