Whilst there was encouragement at the steps being taken by the Curacao Gaming Authority, one area of concern remains around the Alternative Dispute Resolution practices currently being implemented as part of the framework.
Head of ADR Services at CasinoReviews.com, Duncan Garvie, warned that the current framework will “bake into the system an industry-centric bias to the management of complaints”.
He alerted that this was one of a number of technical issues within the ADR policy being proposed in the new framework, with it requiring a redrafting before implementation.
Garvie revealed that in terms of improvements, the most dramatic issue that he would highlight would be reporting requirements, which will see the regulator inundated with paperwork that it cannot reasonably expect to do anything with.
He added: “ADR accreditation standards effectively guarantee that every ADR will be overseen by a lawyer who has a background working for Curacao gambling operators. The latter of these issues will bake into the system an industry-centric bias to the management of complaints, substantially undermining the credibility of the system.”
Garvie cited the technical issues within the new framework as potentially impairing the ability of the process to function effectively, subsequently driving up their cost significantly. He shared concerns that the system currently being touted may well lead to the “territorially ringfencing ADR approval”.
He warned that the current framework being proposed could lead to a situation where “only those who have previously worked for Curacao gambling operators as lawyers will end-up being able to receive accreditation”.
“Whilst the law should be immutable, much of its enforcement is open to interpretation,” he continued. “And if the decisions made in the system solely come from a background where they’ve viewed the market through the lens of protecting gambling operators, it’s challenging to see how consumers are likely to receive a fair hearing.”
Nonetheless, he praised the fact that we are in a consultation period, which can lead to these types of crucial discussions. Looking ahead he also pinpointed the key steps that could be taken, outlining that “the CGA should look to position its policies to be best-in-class from the outset, and that means ensuring that the system is as impartial to bias as possible. Part of doing that necessitates a diversity in view points.”
Garvie also backed the CGA to get things right, as overall, he’s encouraged by what has been coming out of Curacao.
“It could have been faster. And it’s not without issues. But there are some big steps forward. The current draft of the ADR Policy isn’t one of them, but there’s time to improve on that before anything is written in stone.”
