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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 044/2024
Sector:
Corporate Services
Language:
English
Financial Services Provider:
CSB International Limited
Category Issue:
Billing and Fees
Product/Service:
Service Quality
Date of Arbiter's Decision:
12/04/2024
Outcome:
Not Upheld
Reason:
Merit (Case not proven)
Appeal Court reference:
Not Appealed
ASF case reference:
ASF 197/2023
Sector:
Investments
Language:
English
Financial Services Provider:
GlobalCapital Financial Management Limited
Category Issue:
Misselling / Suitability
Product/Service:
Miscellaneous (securities and funds)
Date of Arbiter's Decision:
12/04/2024
Outcome:
Partially Upheld by Arbiter
Reason:
N/A
Appeal Court reference:
32/2024
ASF case reference:
ASF 108/2023
Sector:
Insurance
Language:
Maltese
Financial Services Provider:
Atlas Insurance PCC Limited
Category Issue:
Rejection of claim
Product/Service:
Travel-related
Date of Arbiter's Decision:
12/04/2024
Outcome:
Upheld by Arbiter
Reason:
N/A
Appeal Court reference:
35/2024
In progress
ASF case reference:
ASF 160/2023
Sector:
Investments
Language:
English
Financial Services Provider:
Sovereign Pension Services Limited
Category Issue:
Administration/Management/Custody
Product/Service:
Pensions-related
Date of Arbiter's Decision:
12/04/2024
Outcome:
Upheld by Arbiter
Reason:
N/A
Appeal Court reference:
Not Appealed
ASF case reference:
ASF 199/2023
Sector:
Insurance
Language:
English
Financial Services Provider:
Riverside Insurance Agency Malta Limited
Category Issue:
Rejection of claim
Product/Service:
Rental Car-related
Date of Arbiter's Decision:
04/04/2024
Outcome:
Not Upheld
Reason:
Merit (Case not proven)
Appeal Court reference:
Not Appealed
ASF case reference:
ASF 087/2023
Sector:
Banking / Financial Institutions
Language:
Maltese
Financial Services Provider:
APS Bank plc
Category Issue:
Opening/Closure
Product/Service:
Home Loans
Date of Arbiter's Decision:
04/04/2024
Outcome:
Not Upheld
Reason:
Merit (Other)
Appeal Court reference:
Not Appealed
ASF case reference:
ASF 220/2023
Sector:
Banking / Financial Institutions
Language:
English
Financial Services Provider:
Papaya Ltd
Category Issue:
General admin/customer service
Product/Service:
E-Money
Date of Arbiter's Decision:
04/04/2024
Outcome:
Not Upheld
Reason:
Legal point (Other)
Appeal Court reference:
Not Appealed
ASF case reference:
ASF 181/2023
Sector:
Insurance
Language:
English
Financial Services Provider:
Atlas Healthcare Insurance Agency Limited
Category Issue:
Rejection of claim
Product/Service:
Health-related
Date of Arbiter's Decision:
28/03/2024
Outcome:
Not Upheld
Reason:
Merit (Case not proven)
Appeal Court reference:
Not Appealed
ASF case reference:
ASF 211/2023
Sector:
Investments
Language:
English
Financial Services Provider:
Calamatta Cuschieri Investment Services Limited
Category Issue:
Charges
Product/Service:
Miscellaneous (securities and funds)
Date of Arbiter's Decision:
28/03/2024
Outcome:
Partially Upheld by Arbiter
Reason:
N/A
Appeal Court reference:
Not Appealed
ASF case reference:
ASF 063/2023
Sector:
Investments
Language:
English
Financial Services Provider:
Sovereign Pension Services Limited
Category Issue:
Administration/Management/Custody
Product/Service:
Pensions-related
Date of Arbiter's Decision:
22/03/2024
Outcome:
Not Upheld
Reason:
Merit (Case not proven)
Appeal Court reference:
Not Appealed
ASF case reference:
ASF 119/2023
Sector:
Investments
Language:
English
Financial Services Provider:
Foris Dax MT Limited (formerly MCO Malta Dax Limited )
Category Issue:
Administration/Management/Custody
Product/Service:
Crypto / Virtual Financial Assets
Date of Arbiter's Decision:
22/03/2024
Outcome:
Not Upheld
Reason:
Merit (Case not proven)
Appeal Court reference:
23/2024
ASF case reference:
ASF 198/2023
Sector:
Banking / Financial Institutions
Language:
English
Financial Services Provider:
APS Bank plc
Category Issue:
General admin/customer service
Product/Service:
Transfers
Date of Arbiter's Decision:
21/03/2024
Outcome:
Upheld by Arbiter
Reason:
N/A
Appeal Court reference:
Not Appealed
ASF case reference:
ASF 006/2024
Sector:
Banking / Financial Institutions
Language:
English
Financial Services Provider:
Papaya Ltd
Category Issue:
Suspected irregular activity
Product/Service:
Savings/Current/Term Account
Date of Arbiter's Decision:
21/03/2024
Outcome:
Not Upheld
Reason:
Outside Arbiter’s competence
Appeal Court reference:
Not Appealed
ASF case reference:
ASF 212/2023
Sector:
Insurance
Language:
English
Financial Services Provider:
Insurem Insurance Limited
Category Issue:
Rejection of claim
Product/Service:
Pet-related
Date of Arbiter's Decision:
13/03/2024
Outcome:
Not Upheld
Reason:
Merit (Case not proven)
Appeal Court reference:
Not Appealed
ASF case reference:
ASF 084/2023
Sector:
Banking / Financial Institutions
Language:
English
Financial Services Provider:
HSBC Bank Malta plc
Category Issue:
Opening/Closure
Product/Service:
Savings/Current/Term Account
Date of Arbiter's Decision:
07/03/2024
Outcome:
Not Upheld
Reason:
Merit (Case not proven)
Appeal Court reference:
Not Appealed
ASF case reference:
ASF 114/2023
Sector:
Banking / Financial Institutions
Language:
Maltese
Financial Services Provider:
Bank of Valletta plc
Category Issue:
Mistake / Incorrect application
Product/Service:
Savings/Current/Term Account
Date of Arbiter's Decision:
07/03/2024
Outcome:
Not Upheld
Reason:
Merit (Case not proven)
Appeal Court reference:
Not Appealed
ASF case reference:
ASF 105/2023
Sector:
Investments
Language:
English
Financial Services Provider:
Sovereign Pension Services Limited
Category Issue:
Administration/Management/Custody
Product/Service:
Pensions-related
Date of Arbiter's Decision:
07/03/2024
Outcome:
Not Upheld
Reason:
Legal point (time-barred)
Appeal Court reference:
Not Appealed
ASF case reference:
ASF 111/2023
Sector:
Investments
Language:
English
Financial Services Provider:
CCGM Pension Administrators Limited
Category Issue:
General admin/customer service
Product/Service:
Pensions-related
Date of Arbiter's Decision:
07/03/2024
Outcome:
Not Upheld
Reason:
Merit (Case not proven)
Appeal Court reference:
18/2024
In progress
ASF case reference:
ASF 205/2023
Sector:
Investments
Language:
English
Financial Services Provider:
ETI Securities plc
Category Issue:
Mistake / Incorrect application
Product/Service:
Complex/Professional/Experienced/Structured investments
Date of Arbiter's Decision:
05/03/2024
Outcome:
Not Upheld
Reason:
Outside Arbiter’s competence
Appeal Court reference:
Not Appealed
ASF case reference:
ASF 058/2023
Sector:
Insurance
Language:
English
Financial Services Provider:
Cowen Insurance Company Limited
Category Issue:
Rejection of claim
Product/Service:
Travel-related
Date of Arbiter's Decision:
29/02/2024
Outcome:
Upheld by Arbiter
Reason:
N/A
Appeal Court reference:
Not Appealed