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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 378/2016
Sector:
Investments
Language:
Maltese
Financial Services Provider:
GlobalCapital Financial Management Limited
Category Issue:
Misselling / Suitability
Product/Service:
Complex/Professional/Experienced/Structured investments
Outcome:
Upheld by Arbiter
Date of Arbiter's Decision:
11/04/2017
Appeal Court reference:
20/2017
ASF case reference:
ASF 410/2016
Sector:
Investments
Language:
Maltese
Financial Services Provider:
Bank of Valletta plc
Category Issue:
Calculation of price/interest
Product/Service:
Miscellaneous (securities and funds)
Outcome:
Not Upheld
Date of Arbiter's Decision:
11/04/2017
Appeal Court reference:
Not Appealed
ASF case reference:
ASF 390/2016
Sector:
Insurance
Language:
Maltese
Financial Services Provider:
Cordina Insurance Agency Limited
Category Issue:
Rejection of claim
Product/Service:
Travel-related
Outcome:
Upheld by Arbiter
Date of Arbiter's Decision:
11/04/2017
Appeal Court reference:
Not Appealed
ASF case reference:
ASF 405/2016
Sector:
Insurance
Language:
Maltese
Financial Services Provider:
Cordina Insurance Agency Limited
Category Issue:
Rejection of claim
Product/Service:
Travel-related
Outcome:
Not Upheld
Date of Arbiter's Decision:
11/04/2017
Appeal Court reference:
Not Appealed
ASF case reference:
ASF 446/2016
Sector:
Banking / Financial Institutions
Language:
Maltese
Financial Services Provider:
APS Bank P.l.c
Category Issue:
Mistake / Incorrect application
Product/Service:
Home Loans
Outcome:
Not Upheld
Date of Arbiter's Decision:
11/04/2017
Appeal Court reference:
Not Appealed
ASF case reference:
ASF 409/2016
Sector:
Investments
Language:
Maltese
Financial Services Provider:
GlobalCapital Financial Management Limited
Category Issue:
Misselling / Suitability
Product/Service:
Complex/Professional/Experienced/Structured investments
Outcome:
Does not fall under OAFS competence
Date of Arbiter's Decision:
11/04/2017
Appeal Court reference:
Not Appealed
ASF case reference:
ASF 376/2016
Sector:
Insurance
Language:
Maltese
Financial Services Provider:
Cordina Insurance Agency Limited
Category Issue:
Rejection of claim
Product/Service:
Travel-related
Outcome:
Upheld by Arbiter
Date of Arbiter's Decision:
11/04/2017
Appeal Court reference:
Not Appealed
ASF case reference:
ASF 411/2016
Sector:
Investments
Language:
Maltese
Financial Services Provider:
GlobalCapital Financial Management Limited
Category Issue:
Misselling / Suitability
Product/Service:
Complex/Professional/Experienced/Structured investments
Outcome:
Upheld by Arbiter
Date of Arbiter's Decision:
26/01/2017
Appeal Court reference:
9/2017
ASF case reference:
ASF 379/2016
Sector:
Investments
Language:
Maltese
Financial Services Provider:
GlobalCapital Financial Management Limited
Category Issue:
Misselling / Suitability
Product/Service:
Complex/Professional/Experienced/Structured investments
Outcome:
Upheld by Arbiter
Date of Arbiter's Decision:
26/01/2017
Appeal Court reference:
8/2017
ASF case reference:
ASF 025/2016
Sector:
Investments
Language:
Maltese
Financial Services Provider:
Crystal Finance Investments Limited
Category Issue:
Misselling / Suitability
Product/Service:
Miscellaneous (securities and funds)
Outcome:
Partially Upheld by Arbiter
Date of Arbiter's Decision:
26/01/2017
Appeal Court reference:
Not Appealed
ASF case reference:
ASF 357/2016
Sector:
Investments
Language:
Maltese
Financial Services Provider:
Crystal Finance Investments Limited
Category Issue:
Misselling / Suitability
Product/Service:
Miscellaneous (securities and funds)
Outcome:
Partially Upheld by Arbiter
Date of Arbiter's Decision:
26/01/2017
Appeal Court reference:
11/2017
ASF case reference:
ASF 385/2016
Sector:
Investments
Language:
Maltese
Financial Services Provider:
GlobalCapital Financial Management Limited
Category Issue:
Misselling / Suitability
Product/Service:
Complex/Professional/Experienced/Structured investments
Outcome:
Upheld by Arbiter
Date of Arbiter's Decision:
26/01/2017
Appeal Court reference:
10/2017
ASF case reference:
ASF 090/2016
Sector:
Investments
Language:
Maltese
Financial Services Provider:
Crystal Finance Investments Limited
Category Issue:
Misselling / Suitability
Product/Service:
Portfolio Management
Outcome:
Not Upheld
Date of Arbiter's Decision:
26/01/2017
Appeal Court reference:
Not Appealed
ASF case reference:
ASF 363/2016
Sector:
Investments
Language:
Maltese
Financial Services Provider:
Crystal Finance Investments Limited
Category Issue:
Misselling / Suitability
Product/Service:
Miscellaneous (securities and funds)
Outcome:
Not Upheld
Date of Arbiter's Decision:
26/01/2017
Appeal Court reference:
Not Appealed
ASF case reference:
ASF 366/2016
Sector:
Investments
Language:
Maltese
Financial Services Provider:
D.B.R. Investments Limited
Category Issue:
General admin/customer service
Product/Service:
Unauthorised business
Outcome:
Does not fall under OAFS competence
Date of Arbiter's Decision:
26/10/2016
Appeal Court reference:
Not Appealed
ASF case reference:
ASF 398/2016
Sector:
Insurance
Language:
Maltese
Financial Services Provider:
Mapfre Middlesea plc
Category Issue:
Rejection of claim
Product/Service:
Other personal lines
Outcome:
Upheld by Arbiter
Date of Arbiter's Decision:
26/10/2016
Appeal Court reference:
Not Appealed