Curaçao Gaming Control Board consults on new dispute resolution policy
The regulator hopes to stop complaints against igaming operators from escalating to the courts.
Curaçao.- The Curaçao Gaming Control Board has opened a consultation on an alternative dispute resolution policy that it hopes will reduce cases of legal action brought by disgruntled gamblers. The regulator has requested feedback from gambling operators.
Curaçao-licensed gambling operators are now required to provide alternative dispute resolution (ADR) services to players as part of the island’s new regulatory framework for online gambling. The National Ordinance on Games of Chance (LOK) came into force in December 2024.
The ADR policy states that dispute resolution providers must be separate entities from B2C gaming licensees and must be approved by the gaming regulator. They must be based in Curaçao and will need to have separate websites accessible outside of the operator’s gambling products. Each division will need a qualified lawyer and at least three members of staff with experience in the gambling sector.
The role of the ADR divisions will be to provide independent and impartial advice on player complaints that can’t be resolved by operators’ customer service teams. ADR providers will act as an intermediary between the player and the operator and must be given access to all relevant information on a case in order to decide whether a player’s complaint requires mediation or adjudication.
ADR providers will not have any power to investigate a dispute beyond the evidence provided by the parties involved. However, ADR providers will be responsible for sharing details with the regulator in the event of finding sensitive information that could indicate industry-wide problems.
The regulator is now accepting applications for ADR approvals, which are expected to take six weeks. The consultation on the alternative dispute resolution policy will be open until March 8.
The introduction of mandatory ADR services follows the controversy around the high-profile case of BC Game, which was declared bankrupt after it was sued by customers who claimed they had lost money because of system failures. The company subsequently withdrew its Curaçao licence. The Curaçao Gaming Control Board denied allegations of corruption.
