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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 040/2022
Sector:
Investments
Language:
English
Financial Services Provider:
Momentum Pensions Malta Limited
Category Issue:
Administration/Management/Custody
Product/Service:
Pensions-related
Date of Arbiter's Decision:
14/03/2023
Outcome:
Not Upheld
Reason:
Legal point (time-barred)
Appeal Court reference:
Not Appealed
ASF case reference:
ASF 065/2022
Sector:
Investments
Language:
English
Financial Services Provider:
Momentum Pensions Malta Limited
Category Issue:
Administration/Management/Custody
Product/Service:
Pensions-related
Date of Arbiter's Decision:
10/01/2023
Outcome:
Not Upheld
Reason:
Legal point (time-barred)
Appeal Court reference:
Not Appealed
ASF case reference:
ASF 124/2021
Sector:
Investments
Language:
English
Financial Services Provider:
Momentum Pensions Malta Limited
Category Issue:
Administration/Management/Custody
Product/Service:
Pensions-related
Date of Arbiter's Decision:
09/05/2022
Outcome:
Not Upheld
Reason:
Outside Arbiter’s competence
Appeal Court reference:
Not Appealed
ASF case reference:
ASF 045/2021
Sector:
Investments
Language:
English
Financial Services Provider:
Momentum Pensions Malta Limited
Category Issue:
Administration/Management/Custody
Product/Service:
Pensions-related
Date of Arbiter's Decision:
22/02/2022
Outcome:
Not Upheld
Reason:
Outside Arbiter’s competence
Appeal Court reference:
Not Appealed
ASF case reference:
ASF 077/2020
Sector:
Investments
Language:
English
Financial Services Provider:
Momentum Pensions Malta Limited
Category Issue:
Administration/Management/Custody
Product/Service:
Pensions-related
Date of Arbiter's Decision:
14/12/2021
Outcome:
Partially Upheld by Arbiter
Reason:
N/A
Appeal Court reference:
1/2022
ASF case reference:
ASF 074/2020
Sector:
Investments
Language:
English
Financial Services Provider:
Momentum Pensions Malta Limited
Category Issue:
Administration/Management/Custody
Product/Service:
Pensions-related
Date of Arbiter's Decision:
19/10/2021
Outcome:
Partially Upheld by Arbiter
Reason:
N/A
Appeal Court reference:
124/2021
ASF case reference:
ASF 026/2020
Sector:
Investments
Language:
English
Financial Services Provider:
Momentum Pensions Malta Limited
Category Issue:
Administration/Management/Custody
Product/Service:
Pensions-related
Date of Arbiter's Decision:
19/10/2021
Outcome:
Partially Upheld by Arbiter
Reason:
N/A
Appeal Court reference:
123/2021
ASF case reference:
ASF 101/2019
Sector:
Investments
Language:
English
Financial Services Provider:
Momentum Pensions Malta Limited
Category Issue:
Administration/Management/Custody
Product/Service:
Pensions-related
Date of Arbiter's Decision:
01/06/2021
Outcome:
Not Upheld
Reason:
Outside Arbiter’s competence
Appeal Court reference:
Not Appealed
ASF case reference:
ASF 089/2019
Sector:
Investments
Language:
English
Financial Services Provider:
Momentum Pensions Malta Limited
Category Issue:
Administration/Management/Custody
Product/Service:
Pensions-related
Date of Arbiter's Decision:
03/05/2021
Outcome:
Not Upheld
Reason:
Outside Arbiter’s competence
Appeal Court reference:
Not Appealed
ASF case reference:
ASF 083/2019
Sector:
Investments
Language:
English
Financial Services Provider:
Momentum Pensions Malta Limited
Category Issue:
Administration/Management/Custody
Product/Service:
Pensions-related
Date of Arbiter's Decision:
03/05/2021
Outcome:
Partially Upheld by Arbiter
Reason:
N/A
Appeal Court reference:
055/2021
ASF case reference:
ASF 070/2019
Sector:
Investments
Language:
English
Financial Services Provider:
Momentum Pensions Malta Limited
Category Issue:
Administration/Management/Custody
Product/Service:
Pensions-related
Date of Arbiter's Decision:
06/04/2021
Outcome:
Partially Upheld by Arbiter
Reason:
N/A
Appeal Court reference:
39/2021
ASF case reference:
ASF 076/2019
Sector:
Investments
Language:
English
Financial Services Provider:
Momentum Pensions Malta Limited
Category Issue:
Administration/Management/Custody
Product/Service:
Pensions-related
Date of Arbiter's Decision:
06/04/2021
Outcome:
Partially Upheld by Arbiter
Reason:
N/A
Appeal Court reference:
38/2021
ASF case reference:
ASF 073/2019
Sector:
Investments
Language:
English
Financial Services Provider:
Momentum Pensions Malta Limited
Category Issue:
Administration/Management/Custody
Product/Service:
Pensions-related
Date of Arbiter's Decision:
06/04/2021
Outcome:
Partially Upheld by Arbiter
Reason:
N/A
Appeal Court reference:
37/2021
ASF case reference:
ASF 137/2018
Sector:
Investments
Language:
English
Financial Services Provider:
Momentum Pensions Malta Limited
Category Issue:
Administration/Management/Custody
Product/Service:
Pensions-related
Date of Arbiter's Decision:
28/07/2020
Outcome:
Not Upheld
Reason:
Outside Arbiter’s competence
Appeal Court reference:
Not Appealed
ASF case reference:
ASF 038/2018
Sector:
Investments
Language:
English
Financial Services Provider:
Momentum Pensions Malta Limited
Category Issue:
Administration/Management/Custody
Product/Service:
Pensions-related
Date of Arbiter's Decision:
28/07/2020
Outcome:
Not Upheld
Reason:
Merit (Case not proven)
Appeal Court reference:
Not Appealed
ASF case reference:
ASF 110/2018
Sector:
Investments
Language:
English
Financial Services Provider:
Momentum Pensions Malta Limited
Category Issue:
Administration/Management/Custody
Product/Service:
Pensions-related
Date of Arbiter's Decision:
28/07/2020
Outcome:
Not Upheld
Reason:
Merit (Case not proven)
Appeal Court reference:
Not Appealed
ASF case reference:
ASF 185/2018
Sector:
Investments
Language:
English
Financial Services Provider:
Momentum Pensions Malta Limited
Category Issue:
Administration/Management/Custody
Product/Service:
Pensions-related
Date of Arbiter's Decision:
28/07/2020
Outcome:
Not Upheld
Reason:
Outside Arbiter’s competence
Appeal Court reference:
Not Appealed
ASF case reference:
ASF 049/2019
Sector:
Investments
Language:
English
Financial Services Provider:
Momentum Pensions Malta Limited
Category Issue:
Administration/Management/Custody
Product/Service:
Pensions-related
Date of Arbiter's Decision:
28/07/2020
Outcome:
Not Upheld
Reason:
Merit (Case not proven)
Appeal Court reference:
Not Appealed
ASF case reference:
ASF 033/2018
Sector:
Investments
Language:
English
Financial Services Provider:
Momentum Pensions Malta Limited
Category Issue:
Administration/Management/Custody
Product/Service:
Pensions-related
Date of Arbiter's Decision:
28/07/2020
Outcome:
Not Upheld
Reason:
Merit (Case not proven)
Appeal Court reference:
038/2020
ASF case reference:
ASF 184/2018
Sector:
Investments
Language:
English
Financial Services Provider:
Momentum Pensions Malta Limited
Category Issue:
Administration/Management/Custody
Product/Service:
Pensions-related
Date of Arbiter's Decision:
28/07/2020
Outcome:
Partially Upheld by Arbiter
Reason:
N/A
Appeal Court reference:
39/2020