Michael Agius (January 13) asked me to state who the “arbiter” is.

In terms of the provisions of the Arbitration Act (Chapter 387 of the Laws of Malta), to which the Condominium Act makes reference under article 26, if the parties involved in a dispute agree on the appointment of an independent and impartial arbitrator (not “arbiter”), then that arbitrator shall, on notice being given to the registrar of the Malta Arbitration Centre, be confirmed and approved by centre and given the go ahead to initiate arbitration proceedings in accordance with the law.

Where, on the other hand, no agreement can be reached between the parties involved in the dispute, then, either on a request by one of the parties or by the administrator, the chairman of the board of governors for the Malta Arbitration Centre shall appoint an arbitrator from one of those listed in the panel of arbitrators for domestic arbitration, in terms of the provisions of article 20 (1) and (2) of the said law.

For the sake of clarity, the law defines ‘domestic arbitration’ as including disputes related to common property issues as well as condomini affairs.

Trusting that this clarification has put readers on solid ground with a clear answer among the many slippery answers he declares to have been given by several legal sources.