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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 008/2021
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:
19/10/2021
Outcome:
Partially Upheld by Arbiter
Reason:
N/A
Appeal Court reference:
Not Appealed
ASF case reference:
ASF 058/2019
Sector:
Banking / Financial Institutions
Language:
English
Financial Services Provider:
HSBC Bank Malta plc
Category Issue:
Unauthorised use
Product/Service:
Cards
Date of Arbiter's Decision:
13/09/2021
Outcome:
Not Upheld
Reason:
Merit (Other)
Appeal Court reference:
Not Appealed
ASF case reference:
ASF 070/2020
Sector:
Banking / Financial Institutions
Language:
English
Financial Services Provider:
Truevo Payments Ltd
Category Issue:
Suspected irregular activity
Product/Service:
Cards
Date of Arbiter's Decision:
13/09/2021
Outcome:
Not Upheld
Reason:
Outside Arbiter’s competence
Appeal Court reference:
Not Appealed
ASF case reference:
ASF 091/2020
Sector:
Investments
Language:
Maltese
Financial Services Provider:
HSBC Bank Malta plc
Category Issue:
Misselling / Suitability
Product/Service:
Complex/Professional/Experienced/Structured investments
Date of Arbiter's Decision:
13/09/2021
Outcome:
Not Upheld
Reason:
Merit (Other)
Appeal Court reference:
099/2021
ASF case reference:
ASF 025/2020
Sector:
Banking / Financial Institutions
Language:
English
Financial Services Provider:
HSBC Bank Malta plc
Category Issue:
Unauthorised use
Product/Service:
Cards
Date of Arbiter's Decision:
13/09/2021
Outcome:
Not Upheld
Reason:
Merit (Other)
Appeal Court reference:
Not Appealed
ASF case reference:
ASF 004/2020
Sector:
Insurance
Language:
Maltese
Financial Services Provider:
Mapfre Middlesea plc
Category Issue:
Rejection of claim
Product/Service:
Home (Building & Contents)-related
Date of Arbiter's Decision:
13/09/2021
Outcome:
Upheld by Arbiter
Reason:
N/A
Appeal Court reference:
102/2021
ASF case reference:
ASF 114/2020
Sector:
Insurance
Language:
English
Financial Services Provider:
Elmo Insurance Limited
Category Issue:
Rejection of claim
Product/Service:
Motor – Own p’holder
Date of Arbiter's Decision:
13/09/2021
Outcome:
Partially Upheld by Arbiter
Reason:
N/A
Appeal Court reference:
Not Appealed
ASF case reference:
ASF 107/2020
Sector:
Insurance
Language:
Maltese
Financial Services Provider:
Atlas Insurance PCC Limited
Category Issue:
Value at maturity
Product/Service:
Travel-related
Date of Arbiter's Decision:
13/09/2021
Outcome:
Upheld by Arbiter
Reason:
N/A
Appeal Court reference:
Not Appealed
ASF case reference:
ASF 088/2020
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:
13/09/2021
Outcome:
Partially Upheld by Arbiter
Reason:
N/A
Appeal Court reference:
Not Appealed
ASF case reference:
ASF 016/2021
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:
13/09/2021
Outcome:
Upheld by Arbiter
Reason:
N/A
Appeal Court reference:
Not Appealed
ASF case reference:
ASF 039/2021
Sector:
Insurance
Language:
English
Financial Services Provider:
Building Block Insurance PCC Limited
Category Issue:
Rejection of claim
Product/Service:
Other business lines
Date of Arbiter's Decision:
13/09/2021
Outcome:
Upheld by Arbiter
Reason:
N/A
Appeal Court reference:
Not Appealed
ASF case reference:
ASF 057/2021
Sector:
Insurance
Language:
English
Financial Services Provider:
Building Block Insurance PCC Limited
Category Issue:
Rejection of claim
Product/Service:
Other personal lines
Date of Arbiter's Decision:
13/09/2021
Outcome:
Upheld by Arbiter
Reason:
N/A
Appeal Court reference:
Not Appealed
ASF case reference:
ASF 084/2019
Sector:
Investments
Language:
English
Financial Services Provider:
Integrated-Capabilities (Malta) Limited
Category Issue:
Administration/Management/Custody
Product/Service:
Pensions-related
Date of Arbiter's Decision:
06/07/2021
Outcome:
Not Upheld
Reason:
Merit (Other)
Appeal Court reference:
77/2021
ASF case reference:
ASF 107/2019
Sector:
Investments
Language:
English
Financial Services Provider:
Integrated-Capabilities (Malta) Limited
Category Issue:
Administration/Management/Custody
Product/Service:
Pensions-related
Date of Arbiter's Decision:
06/07/2021
Outcome:
Not Upheld
Reason:
Merit (Other)
Appeal Court reference:
76/2021
ASF case reference:
ASF 048/2020
Sector:
Banking / Financial Institutions
Language:
Maltese
Financial Services Provider:
HSBC Bank Malta plc
Category Issue:
Inappropriate product/service
Product/Service:
Transfers
Date of Arbiter's Decision:
06/07/2021
Outcome:
Not Upheld
Reason:
Merit (Other)
Appeal Court reference:
Not Appealed
ASF case reference:
ASF 069/2020
Sector:
Insurance
Language:
Maltese
Financial Services Provider:
Citadel Insurance plc
Category Issue:
Market value
Product/Service:
Motor – Own p’holder
Date of Arbiter's Decision:
06/07/2021
Outcome:
Upheld by Arbiter
Reason:
N/A
Appeal Court reference:
Not Appealed
ASF case reference:
ASF 136/2020
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:
06/07/2021
Outcome:
Partially Upheld by Arbiter
Reason:
N/A
Appeal Court reference:
Not Appealed
ASF case reference:
ASF 001/2020
Sector:
Insurance
Language:
Maltese
Financial Services Provider:
Eagle Star (Malta) Limited
Category Issue:
Value at maturity
Product/Service:
Life-related
Date of Arbiter's Decision:
06/07/2021
Outcome:
Partially Upheld by Arbiter
Reason:
N/A
Appeal Court reference:
Not Appealed
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 102/2019 & ASF 103/2019
Sector:
Investments
Language:
English
Financial Services Provider:
STM Malta Pension Services Limited (formerly STM Malta Trust and Company Management Limited)
Category Issue:
Administration/Management/Custody
Product/Service:
Pensions-related
Date of Arbiter's Decision:
01/06/2021
Outcome:
Not Upheld
Reason:
Merit (Case not proven)
Appeal Court reference:
Not Appealed