Curaçao Regulator Opens Consultation on Alternative Dispute Resolution Policy
The Curaçao Gaming Control Board has initiated a consultation on its proposed alternative dispute resolution (ADR) policy. The initiative aims to provide players with an independent mechanism for resolving complaints and reduce the number of legal disputes involving gambling operators. The regulator has invited industry feedback on the policy.
ADR Requirement Under Curaçao’s New Gambling Framework
With the National Ordinance on Games of Chance (LOK) taking effect in December 2024, Curaçao-licensed operators must now provide ADR services.
The regulator requires these dispute resolution providers to operate independently from B2C gaming licensees and obtain official approval before offering their services.
Key Requirements for ADR Providers
The proposed policy outlines several conditions for ADR entities. They must establish their operations in Curaçao and maintain separate websites that players can access without relying on gambling operators’ platforms.
Additionally, each provider must:
- Remain unaffiliated with any licensed operator, ensuring full independence.
- Employ at least one qualified lawyer to oversee legal aspects of dispute resolution.
- Maintain a team of at least three staff members with gambling industry experience.
- Mediate disputes that operators’ customer support teams fail to resolve.
Although ADR providers cannot conduct independent investigations beyond the submitted evidence, they must report any findings that indicate broader industry concerns to the regulator.
Regulatory Approval and Consultation Timeline
The regulator has started reviewing applications from ADR providers and expects to complete approvals within six weeks.
Meanwhile, the consultation period for industry feedback will remain open until March 8.
The BC Game Controversy
The decision to mandate ADR services follows a high-profile case involving BC Game, which lost its Curaçao gambling license and declared bankruptcy.
Customers took legal action, claiming system failures caused financial losses. In response to public scrutiny, the Curaçao Gaming Control Board rejected allegations of corruption linked to the case.