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Arbiter's Decisions

You can search for decisions delivered by the Arbiter for Financial Services and judgements delivered by the Court of Appeal (Civil, Inferior) for those decisions that have been appealed.

You may refine your search as wanted by the name of the financial services provider, the language of the decision, the decision year, decision date from/to, the sector, decision outcome, and whether the decision has been appealed or not. If you select by sector (e.g. 'Banking'), you may filter down your choice by selecting issue (e.g. 'Charges') and/or product (e.g. 'Cards'). Please browse the drop-down filters on the left-hand side.

The database of Arbiter's decisions is updated periodically. In accordance with the OAFS policy, complainants' names in such decisions are pseudonymised (the actual names are replaced by unrelated alphabetical references).

The remit of the Arbiter for Financial Services is to investigate and adjudicate complaints lodged by eligible complainants (individuals and micro-enterprises) against financial services providers who are licensed or authorised by the Maltese financial services regulator. When cases are referred to the Arbiter and a decision is issued, such a decision is binding on both parties.

Either party can request the Arbiter for clarification or correction to any computation, clerical, typographical, or similar errors within 15 days from the delivery of a decision. Decisions may be upheld in full, partially upheld, or rejected, and may be appealed by any of the parties.

As to the Court of Appeal (Civil, Inferior) judgements, we refer to the Court Services Agency's eCourts website (https://ecourts.gov.mt/onlineservices/) for the relevant case reference numbers and appeal judgements. Information about appealed decisions on our website is updated periodically. However, such information should always be cross-checked with the eCourts website as we make no representations or warranties of any kind, express or implied, as to its completeness, accuracy or reliability.

Please get in touch with us through our “Contact us” page if you come across any broken links or other incorrect information.Thank you.

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ASF case reference:
ASF 078/2018
Sector:
Investments
Language:
Maltese
Financial Services Provider:
Bank of Valletta plc
Category Issue:
Misselling / Suitability
Product/Service:
Complex/Professional/Experienced/Structured investments
Date of Arbiter's Decision:
15/01/2019
Outcome:
Upheld by Arbiter
Reason:
N/A
Appeal Court reference:
004/2019
ASF case reference:
ASF 004/2018
Sector:
Investments
Language:
Maltese
Financial Services Provider:
Bank of Valletta plc
Category Issue:
Misselling / Suitability
Product/Service:
Complex/Professional/Experienced/Structured investments
Date of Arbiter's Decision:
15/01/2019
Outcome:
Upheld by Arbiter
Reason:
N/A
Appeal Court reference:
006/2019
ASF case reference:
ASF 433/2016
Sector:
Investments
Language:
English
Financial Services Provider:
Hollingsworth International Financial Services Limited
Category Issue:
Misselling / Suitability
Product/Service:
Complex/Professional/Experienced/Structured investments
Date of Arbiter's Decision:
15/01/2019
Outcome:
Upheld by Arbiter
Reason:
N/A
Appeal Court reference:
Not Appealed
ASF case reference:
ASF 039/2017
Sector:
Insurance
Language:
Maltese
Financial Services Provider:
Montaldo Insurance Agency Limited
Category Issue:
Rejection of claim
Product/Service:
Commercial policies
Date of Arbiter's Decision:
15/01/2019
Outcome:
Upheld by Arbiter
Reason:
N/A
Appeal Court reference:
Not Appealed
ASF case reference:
ASF 408/2016
Sector:
Investments
Language:
Maltese
Financial Services Provider:
Curmi & Partners Ltd
Category Issue:
Misselling / Suitability
Product/Service:
Miscellaneous (securities and funds)
Date of Arbiter's Decision:
15/01/2019
Outcome:
Partially Upheld by Arbiter
Reason:
N/A
Appeal Court reference:
Not Appealed
ASF case reference:
ASF 042/2017
Sector:
Investments
Language:
Maltese
Financial Services Provider:
Crystal Finance Investments Limited
Category Issue:
Misselling / Suitability
Product/Service:
Miscellaneous (securities and funds)
Date of Arbiter's Decision:
10/12/2018
Outcome:
Not Upheld
Reason:
Merit (Other)
Appeal Court reference:
Not Appealed
ASF case reference:
ASF 017/2017
Sector:
Investments
Language:
Maltese
Financial Services Provider:
Crystal Finance Investments Limited
Category Issue:
Misselling / Suitability
Product/Service:
Miscellaneous (securities and funds)
Date of Arbiter's Decision:
10/12/2018
Outcome:
Upheld by Arbiter
Reason:
N/A
Appeal Court reference:
172/2018
ASF case reference:
ASF 162/2017
Sector:
Investments
Language:
Maltese
Financial Services Provider:
Crystal Finance Investments Limited
Category Issue:
Misselling / Suitability
Product/Service:
Miscellaneous (securities and funds)
Date of Arbiter's Decision:
10/12/2018
Outcome:
Upheld by Arbiter
Reason:
N/A
Appeal Court reference:
171/2018
ASF case reference:
ASF 456/2016
Sector:
Investments
Language:
English
Financial Services Provider:
Hollingsworth International Financial Services Limited
Category Issue:
Misselling / Suitability
Product/Service:
Complex/Professional/Experienced/Structured investments
Date of Arbiter's Decision:
04/12/2018
Outcome:
Not Upheld
Reason:
Merit (Other)
Appeal Court reference:
169/2018
ASF case reference:
ASF 075/2017
Sector:
Investments
Language:
Maltese
Financial Services Provider:
Crystal Finance Investments Limited
Category Issue:
Misselling / Suitability
Product/Service:
Miscellaneous (securities and funds)
Date of Arbiter's Decision:
04/12/2018
Outcome:
Upheld by Arbiter
Reason:
N/A
Appeal Court reference:
168/2018
ASF case reference:
ASF 034/2017
Sector:
Investments
Language:
Maltese
Financial Services Provider:
All Invest Company Limited
Category Issue:
Misselling / Suitability
Product/Service:
Complex/Professional/Experienced/Structured investments
Date of Arbiter's Decision:
04/12/2018
Outcome:
Upheld by Arbiter
Reason:
N/A
Appeal Court reference:
Not Appealed
ASF case reference:
ASF 431/2016
Sector:
Insurance
Language:
English
Financial Services Provider:
HSBC Life Assurance (Malta) Limited
Category Issue:
Delays
Product/Service:
Life-related
Date of Arbiter's Decision:
04/12/2018
Outcome:
Upheld by Arbiter
Reason:
N/A
Appeal Court reference:
Not Appealed
ASF case reference:
ASF 011/2017
Sector:
Investments
Language:
Maltese
Financial Services Provider:
Crystal Finance Investments Limited
Category Issue:
Misselling / Suitability
Product/Service:
Miscellaneous (securities and funds)
Date of Arbiter's Decision:
04/12/2018
Outcome:
Upheld by Arbiter
Reason:
N/A
Appeal Court reference:
Not Appealed
ASF case reference:
ASF 124/2017
Sector:
Investments
Language:
Maltese
Financial Services Provider:
Calamatta Cuschieri Investment Services Limited
Category Issue:
Misselling / Suitability
Product/Service:
Miscellaneous (securities and funds)
Date of Arbiter's Decision:
20/11/2018
Outcome:
Not Upheld
Reason:
Merit (Other)
Appeal Court reference:
Not Appealed
ASF case reference:
ASF 101/2017
Sector:
Banking / Financial Institutions
Language:
Maltese
Financial Services Provider:
Bank of Valletta plc
Category Issue:
Unauthorised use
Product/Service:
Cards
Date of Arbiter's Decision:
20/11/2018
Outcome:
Not Upheld
Reason:
Merit (Other)
Appeal Court reference:
Not Appealed
ASF case reference:
ASF 033/2017
Sector:
Investments
Language:
Maltese
Financial Services Provider:
All Invest Company Limited
Category Issue:
Misselling / Suitability
Product/Service:
Complex/Professional/Experienced/Structured investments
Date of Arbiter's Decision:
20/11/2018
Outcome:
Upheld by Arbiter
Reason:
N/A
Appeal Court reference:
Not Appealed
ASF case reference:
ASF 014/2017
Sector:
Investments
Language:
Maltese
Financial Services Provider:
All Invest Company Limited
Category Issue:
Misselling / Suitability
Product/Service:
Complex/Professional/Experienced/Structured investments
Date of Arbiter's Decision:
20/11/2018
Outcome:
Upheld by Arbiter
Reason:
N/A
Appeal Court reference:
Not Appealed
ASF case reference:
ASF 171/2017
Sector:
Banking / Financial Institutions
Language:
English
Financial Services Provider:
Bank of Valletta plc
Category Issue:
Opening/Closure
Product/Service:
Basic payment account
Date of Arbiter's Decision:
05/11/2018
Outcome:
Not Upheld
Reason:
Merit (Other)
Appeal Court reference:
Not Appealed
ASF case reference:
ASF 018/2017
Sector:
Investments
Language:
Maltese
Financial Services Provider:
All Invest Company Limited
Category Issue:
Misselling / Suitability
Product/Service:
Miscellaneous (securities and funds)
Date of Arbiter's Decision:
05/11/2018
Outcome:
Upheld by Arbiter
Reason:
N/A
Appeal Court reference:
Not Appealed
ASF case reference:
ASF 025/2017
Sector:
Investments
Language:
Maltese
Financial Services Provider:
All Invest Company Limited
Category Issue:
Misselling / Suitability
Product/Service:
Miscellaneous (securities and funds)
Date of Arbiter's Decision:
05/11/2018
Outcome:
Upheld by Arbiter
Reason:
N/A
Appeal Court reference:
Not Appealed