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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 067/2018
Sector:
Investments
Language:
Maltese
Financial Services Provider:
Calamatta Cuschieri Investment Services Limited
Category Issue:
Delays
Product/Service:
Miscellaneous (securities and funds)
Date of Arbiter's Decision:
09/09/2019
Outcome:
Not Upheld
Reason:
Merit (Case not proven)
Appeal Court reference:
Not Appealed
ASF case reference:
ASF 157/2018, 158/2018
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:
09/09/2019
Outcome:
Not Upheld
Reason:
Merit (Other)
Appeal Court reference:
Not Appealed
ASF case reference:
ASF 113/2018, 114/2018
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:
09/09/2019
Outcome:
Upheld by Arbiter
Reason:
N/A
Appeal Court reference:
069/2019
ASF case reference:
ASF 136/2018
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:
09/09/2019
Outcome:
Upheld by Arbiter
Reason:
N/A
Appeal Court reference:
Not Appealed
ASF case reference:
ASF 132/2017
Sector:
Insurance
Language:
Maltese
Financial Services Provider:
Mapfre MSV Life plc
Category Issue:
Value at maturity
Product/Service:
Life-related
Date of Arbiter's Decision:
09/09/2019
Outcome:
Upheld by Arbiter
Reason:
N/A
Appeal Court reference:
Not Appealed
ASF case reference:
ASF 027/2018
Sector:
Investments
Language:
English
Financial Services Provider:
Deriv Investments (Europe) Limited(formerly Binary Investments (Europe) Limited)
Category Issue:
Misselling / Suitability
Product/Service:
Forex dealing / CfD / Binary Options
Date of Arbiter's Decision:
09/09/2019
Outcome:
Partially Upheld by Arbiter
Reason:
N/A
Appeal Court reference:
Not Appealed
ASF case reference:
ASF 167/2017
Sector:
Investments
Language:
Maltese
Financial Services Provider:
GlobalCapital Financial Management Limited
Category Issue:
Misselling / Suitability
Product/Service:
Complex/Professional/Experienced/Structured investments
Date of Arbiter's Decision:
09/09/2019
Outcome:
Upheld by Arbiter
Reason:
N/A
Appeal Court reference:
Not Appealed
ASF case reference:
ASF 036/2017
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:
09/09/2019
Outcome:
Upheld by Arbiter
Reason:
N/A
Appeal Court reference:
Not Appealed
ASF case reference:
ASF 115/2018
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:
09/09/2019
Outcome:
Upheld by Arbiter
Reason:
N/A
Appeal Court reference:
Not Appealed
ASF case reference:
ASF 064/2018
Sector:
Insurance
Language:
Maltese
Financial Services Provider:
Mapfre MSV Life plc
Category Issue:
Value at maturity
Product/Service:
Life-related
Date of Arbiter's Decision:
09/09/2019
Outcome:
Partially Upheld by Arbiter
Reason:
N/A
Appeal Court reference:
Not Appealed
ASF case reference:
ASF 112/2018
Sector:
Insurance
Language:
Maltese
Financial Services Provider:
Mapfre MSV Life plc
Category Issue:
Value at maturity
Product/Service:
Life-related
Date of Arbiter's Decision:
09/07/2019
Outcome:
Not Upheld
Reason:
Merit (Other)
Appeal Court reference:
Not Appealed
ASF case reference:
ASF 161/2018
Sector:
Insurance
Language:
English
Financial Services Provider:
Laferla Insurance Agency Limited
Category Issue:
Rejection of claim
Product/Service:
Health-related
Date of Arbiter's Decision:
09/07/2019
Outcome:
Not Upheld
Reason:
Merit (Other)
Appeal Court reference:
Not Appealed
ASF case reference:
ASF 117/2018
Sector:
Insurance
Language:
Maltese
Financial Services Provider:
Bonnici Insurance Agency Limited
Category Issue:
Rejection of claim
Product/Service:
Commercial policies
Date of Arbiter's Decision:
09/07/2019
Outcome:
Not Upheld
Reason:
Merit (Other)
Appeal Court reference:
065/2019
ASF case reference:
ASF 139/2018
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:
09/07/2019
Outcome:
Upheld by Arbiter
Reason:
N/A
Appeal Court reference:
063/2019
ASF case reference:
ASF 169/2018
Sector:
Insurance
Language:
English
Financial Services Provider:
Building Block Insurance PCC Limited
Category Issue:
Rejection of claim
Product/Service:
Pet-related
Date of Arbiter's Decision:
09/07/2019
Outcome:
Upheld by Arbiter
Reason:
N/A
Appeal Court reference:
Not Appealed
ASF case reference:
ASF 061/2017
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:
09/07/2019
Outcome:
Upheld by Arbiter
Reason:
N/A
Appeal Court reference:
Not Appealed
ASF case reference:
ASF 155/2018
Sector:
Insurance
Language:
English
Financial Services Provider:
Building Block Insurance PCC Limited
Category Issue:
Rejection of claim
Product/Service:
Pet-related
Date of Arbiter's Decision:
09/07/2019
Outcome:
Upheld by Arbiter
Reason:
N/A
Appeal Court reference:
Not Appealed
ASF case reference:
ASF 071/2017
Sector:
Investments
Language:
Maltese
Financial Services Provider:
GlobalCapital Financial Management Limited
Category Issue:
Misselling / Suitability
Product/Service:
Complex/Professional/Experienced/Structured investments
Date of Arbiter's Decision:
09/07/2019
Outcome:
Upheld by Arbiter
Reason:
N/A
Appeal Court reference:
Not Appealed
ASF case reference:
ASF 006/2019
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:
24/06/2019
Outcome:
Not Upheld
Reason:
Merit (Other)
Appeal Court reference:
Not Appealed
ASF case reference:
ASF 139/2017
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:
14/06/2019
Outcome:
Upheld by Arbiter
Reason:
N/A
Appeal Court reference:
058/2019