Cap. 555 Art. 25Investigation.

(1) Where the mediation process under article 24 proves unsuccessful, the Arbiter shall proceed to deal with the necessary investigations in private.

(2) (a) The Arbiter shall provide the parties with an opportunity to make oral and, or written submissions with respect to the conduct complained of.

(b) Written submissions shall be filed within twenty days, and such period shall commence to run from the day on which the parties receive communication in writing about the investigation from the Arbiter.

(c) Written submissions made by a party to the Arbiter shall be notified to the other party or to the person assisting or representing the party in terms of article 22(3).

(d) Whenever a notification or communication to the other party shall be required under this Act, such notification or communication shall take place by recorded delivery through the post or courier service or by electronic means.

(3) (a) The Arbiter shall hold at least one sitting for the hearing of the complaint.

(b) The Arbiter shall determine the admissibility, relevance, materiality and weight of the documentary and oral evidence.

(c) Hearings are to be held in public unless the Arbiter, giving reasons, otherwise decides.

(d) Neither party shall be required to be represented or assisted for oral hearings. If only one party is represented or assisted, the Arbiter shall ensure the hearing remains fair to both parties.

(4) In the process of investigation, the Arbiter shall inform the parties of the progress made.

(5) The Arbiter may request the production of information or documentation from either of the parties or from a third party, as the case may be, which the Arbiter considers necessary or relevant for the determination of the complaint, which information or documentation is to be provided before the end of such reasonable period as the Arbiter shall specify, and in the case of information, in such manner or form as may be specified by the Arbiter: Provided that for the purpose of obtaining such information or documentation, the Arbiter shall have the power to summon witnesses and to administer an oath to any witness and to any person concerned in the investigation, including the complainant and the service provider, and to require persons to give evidence, and the rules of the Code of Organization and Civil Procedure shall apply to the production of evidence before the mutatis mutandis Arbiter: Provided further that any person who is summoned to appear before the Arbiter under this article shall have the same rights and obligations as a witness summoned to appear before the court of civil jurisdiction.

(6) (a) Information obtained by the Arbiter or by any officer or person in his Office in the course of or for the purpose of an investigation under this Act shall not be disclosed except for the purposes of:

(i) the investigation and adjudication;

(ii) any report made under this Act; or

(iii) any proceedings relating to an offence under this Act.

(b) The Arbiter, officers or persons in his Office shall not be called upon to give evidence in any proceedings, other than as mentioned under paragraph (a), on matters coming to their knowledge in the course of an investigation or of the execution of other duties carried out by them under this Act.

(c) Article 133 of the Criminal Code shall apply to and in relation to the Arbiter and any officer or person in his Office as they apply to or in relation to a public officer or servant referred to in the said article of the Criminal Code.

(7) In the process of an investigation, the Arbiter may enter and inspect any premises occupied or used by the financial services provider or by any person or body who in the opinion of the Arbiter is associated with the financial service provider and inspect any document or thing within the premises.

(8) The language of the procedure before the Arbiter shall be either Maltese or English as the Arbiter may determine in accordance with the particular circumstances of each case.