Court specialisation is traditionally contemplated to correspond to crucial reform initiatives in order to trigger progress and development of judicial systems.

Scholarly studies have endeavoured to point to the conclusion that judicial specialisation can be advantageous in advancing the processing of cases deemed more intricate, or which necessitate particular proficiency in a specific field and which may even go over and above the specificities of law.

It is safe to say that, in this day and age, there’s a growing impetus for specialised courts. This is particularly due to the benefits that a judicial system may reap from having such specialised courts.

The level of specialisation in both civil and common law jurisdictions is inclined to expand as economic advancement develops and legal framework evolves. The more technically defined and elaborate the legal framework shapes itself out to be, coupled with an economic environment that is progressively ever more technological and futuristic, the greater are the demands for judicial specialisation.

Since time immemorial, Malta has had a general maritime calling, encompassing every aspect of international maritime trade: from salvage to bartering, from trans-shipment to yachting, from ship repair to pilotage. The results of such practice speak for themselves.

Indeed, the maritime sector has slowly but surely reached a level where it accounts for over 14 per cent of our nation’s GDP.

Through the course of time, it has been clearly evident that the maritime industry is transforming itself, becoming more complex and technically oriented. This is a result of the ever-intensifying sophistication within the ambit of international maritime law. Simultaneously, the judiciary is facing ever-increasing pressure on its already voluminous caseload.

“Introducing a specialised court constitutes a value-added factor to the carriage of justice as it enriches the knowledge and application of the law to cases which are in themselves intricately specialised,” Judge Joseph Zammit McKeon says.

As a country, having a specialised court puts you on the map

“You cannot have such specialised cases, which necessarily bring with them the need to have justice delivered in a reasonable time, without having a specialised court. Yet, having a specialised court is not adequate. One needs to have competently formed judges in the same way, as the two go hand in hand. In other jurisdictions, specialised courts exist.”

Our court system is currently facing a situation whereby a particular judge would be presiding over a case concerning a specific field of law totally unassociated to it, which, incidentally,  would relate to maritime affairs.

While specialisation is a growing trend, it has been around for a long time. Currently, one can observe judicial specialisation worldwide and across all modalities of legal systems. A case in point is the English courts specialising in admiralty law, which dates as far back as the 14th century.

In practice, what is effectively meant by judicial specialisation is that a specific cohort of preselected judges would be detailed to cover areas of law in which they would have particular knowledge, formation and proficiency.

Having a specialised maritime court has three main advantages. It will, first and foremost, guarantee expeditious and knowledgeable justice. Judges who are well-versed in maritime-related affairs will, consequently, result in the  streamlining of judgments with higher-quality decisions and fairer outcomes.

Finally, having a court of exclusive jurisdiction would necessarily enhance harmonious uniformity of rulings in the maritime sphere. This would, in turn, contribute to more predictability and eventually generate more confidence in the said court.

Ann Fenech, a leader in the field who has helped and continues to help shape the legal evolution of the maritime industry in Malta, professes the cruciality of the specialised court and she has been advocating in favour of its introduction for several years.

If Malta is to remain at the forefront of the maritime industry, it is important to assure investors that our judicial system has the potential to handle any court-related matter in the most proficient and efficacious manner.

A ship owner or charter operator would expect to have their dispute clearly settled before a specialised court as only such a forum would guarantee proper justice. Furthermore, research shows that rulings given by judges with substantive knowledge in the field are inclined to be highly regarded and respected by both litigants and public alike.

Upon the recommendation of Zammit McKeon, along with the insistence of the Malta Maritime Forum, the First Hall of the Civil Court (Commercial Section) is intended to have its judicial competence extended to start inter alia overseeing litigation concerning maritime affairs.

Zammit McKeon remarks that “it took many years of convincing people that it is in the interest of justice. As a country, having a specialised court puts you on the map.”

While expressing satisfaction and enthusiasm, Fenech says this judicial advancement has been long overdue.

As things stand, maritime-related cases are already being assigned to judges who preside over the Civil Court (Commercial Section). Yet, the pivotal step forward would be for such an assignment to be done through implementation of law. A bill has, to date, yet to be presented and eventually approved by parliament.

This eventuality would see to the amending of the Code of Organisation and Civil Procedure and related legislation in order to cater for such an extension – the ideal setting within which the maritime sector in Malta can thrive even further.

Specialisation helps to revive the maritime legal sector itself. Such an extension will encourage legal practitioners in the field to endeavour harder than ever to produce good work in the knowledge that their efforts will be considered and analysed by competently formed courts.

“It is also hoped that it will eliminate the production of arguments which anybody in the maritime industry knows are absolute non-starters and, therefore, this will lead to better maritime advocacy, for the benefit of all,” Fenech says.

Malta’s codified legal regime and fiscal reality in the maritime sphere, the number of knowledgeable and specialised people in the field as well as the absolute rarity of industrial unrest,  along with other factors, have all contributed to making the Maltese jurisdiction the number-one flag state in Europe and the sixth largest globally.

The importance of having a maritime court is not only limited to making Malta a more attractive jurisdiction for ship registration but it is vital for emphasising Malta’s general maritime vocation.

“Properly administered justice in this sector will most certainly promulgate fresh investment,” Zammit McKeon notes.

Malta is a maritime centre of prime importance worldwide, embodying every niche of the sector, thus formulating intrinsic links in the chain of international trade. Maritime-related cases decided in Malta are studied and analysed by numerous international maritime practitioners.

Implementing a specialised court presided by qualified and proficient judges will most certainly serve as a stepping stone to truly spur Malta to become a centre of maritime excellence in the years to come.

Daniel-Luc Farrugia is a lawyer and LLM student (London).