Curaçao Launches ADR Consultation to Keep Player Disputes Out of Court
The Curaçao Gaming Authority (CGA) has initiated a public consultation on its new alternative dispute resolution (ADR) policy, seeking operator feedback as part of its ongoing regulatory reforms. The consultation, launched on February 24, will run until March 8, 2025.
Under Curaçao’s new LOK gambling policy, licensed operators will be required to provide alternative dispute resolution services to players. This requirement aims to prevent player disputes from escalating to court proceedings—a development that follows several high-profile legal cases that have recently impacted the jurisdiction’s reputation.
The consultation document outlines specific requirements for ADR providers, who must operate as separate entities from B2C licensed operators. Their primary role will be to provide independent and impartial mediation while handling player complaints that cannot be resolved through standard customer service channels.
Key Requirements for ADR Providers
The CGA has established several requirements for ADR providers seeking approval:
- Independence: ADR providers must be separate entities from the operators they serve
- Location: Entities must be based in Curaçao
- Expertise: Each ADR team must include a qualified lawyer and at least three staff members with gambling industry experience
- Dedicated Platform: Providers must operate standalone websites accessible to players outside of operator platforms
- Process Definition: Providers must determine whether each case requires mediation or adjudication
- Information Sharing: When sensitive information is uncovered, ADR divisions must share relevant details with the regulator
While ADR providers will have authority to mediate disputes, they will not have investigative powers beyond the evidence provided by the involved parties. The CGA notes that information gathered through the ADR process could help identify industry-wide issues requiring regulatory attention.
Application Timeline
The CGA is currently accepting applications for ADR approval, with the review process expected to take approximately six weeks. This timeline aligns with the jurisdiction’s broader regulatory overhaul under the LOK framework.
Background: High-Profile Dispute Prompted Policy Development
The development of an ADR policy was first suggested in November 2024, following a high-profile dispute involving Curaçao-licensed operator BC Game. The operator was declared bankrupt by a local court after a group of players claimed they were owed substantial winnings.
Both BC Game’s founding company and the business it was subsequently sold to were declared bankrupt, allowing players to seek compensation through the bankruptcy process. The case led to allegations of corruption, fraud, and money laundering within the CGA’s licensing framework from opposition politician Luigi Faneyte.
The CGA refuted these claims and announced plans to establish an independent ADR policy to resolve legal disputes outside of court within its LOK framework. The policy would include mediation, arbitration, and negotiation measures.
LOK Framework: Improving Curaçao’s Regulatory Reputation
The Curaçao parliament approved the LOK framework in December 2024, marking a significant shift in the jurisdiction’s approach to gambling regulation. One of the primary objectives of the LOK is to improve Curaçao’s international reputation, which has been tarnished by its association with grey market operators.
Javier Silvania, Curaçao’s Minister of Finance, previously described the reforms as a “safety net” against unlicensed gambling operators. The new system provides multiple application types for B2B, B2C, and B2B2C operators, replacing the previous master license framework that had been criticized for its lack of oversight.
The ADR consultation represents another step in Curaçao’s efforts to establish a more transparent, accountable regulatory environment for online gambling operators and their customers.
