Rules of Procedure

4. Procedure for Filing and Handling Disputes

1. Submission:
   – Players must submit a completed claim form via email or online platform. This marks the start of the ADR process. The players are responsible for the completeness of their claim and to provide ABC ADR with all substantiating documentation for a clear and in depth understanding of their claim

It is also important that ABC ADR is provided with a clear identity of the player.

– Once the player has submitted a competent claim and substantiating documentation, the Operator will be notified of the  dispute within 3 working days from receipt thereof together with a request for documents relating to the dispute
   – Operators are required to submit all related documents within 14 days of notification.

2. Acknowledgement:
   – ABC ADR will always acknowledge a receipt to the player of his/her submission of a dispute within 3 working days from receipt.

The Player will also be informed of their right to withdraw and to representation (See Below)

Admissibility

A dispute may be in admissible from the onset or become inadmissible during the ADR proceedings.

Once all documents are received, ABC ADR will proceed to verify that the dispute is admissible. In the event of inadmissibility of the dispute, both parties shall be notified of the dispute’s inadmissibility with reasons thereof, within 2 weeks from receiving the documents outlined in point 1.

If the dispute becomes inadmissible during the proceedings, both parties shall be notified of the dispute’s inadmissibility with reasons thereof, within 2 weeks from the identification and/or decision on the cause which rendered the proceedings inadmissible.

It at the onset the dispute is deemed to be admissible , ABC  ADR  will proceed with an independent, fair and impartial assessment of  the dispute based on the information provided by the Parties

3. Communication:
   – All correspondence is written and may be shared with both parties. Information classified as confidential, including information relating to third parties and/or confidential internal measures adopted by the Operator will be kept confidential by ABC ADR.

Otherwise ABC ADR operates upon the principle of transparency and any request by either party for evidence, facts put forward by the other Party and expert reports shall be communicated with a deemed express consent of both Parties
   – ABC ADRwill update both parties every 30 days during ongoing proceedings on  the current stage of the proceedings and confirming that the dispute proceedings are still ongoing.

Once a completed claim has been submitted by the Player, communications shall be done via ABC ADR and the Parties shall refrain from contacting each other during the pendency of the dispute proceedings.

All correspondence shall be in the English language

It is the sole responsibility of the parties to provide and maintain ABC ADR  with an up-to-date correspondent email address for all or any notifications under these procedures. ABC-ADR cannot be held liable for any delays due to such default.

4. Investigation:
   – ABC ADRclarifies information provided by the Parties but do not investigate independently.
   – Decisions are based on evidence submitted, contractual terms, and applicable laws.

Completeness of submission of documents by the Parties is of utmost importance. ABC ADR is not obliged to accept further documentation from either Party following their respective deadlines on document submission.

If ABC ADR is of the opinion that substantial documentation is missing in order to provide a fair decision, it may, at its sole discretion, request either or both parties to submit further documentation within timelines provided.  Saving such a request, no additional documentation submitted  by either Party outside the provision of this clause will be considered.

Notwithstanding the above, the ABC ADR may request clarifications  from either Party on their documents submitted.

If either Party does not provide the requested information within the timelines provided by ABC ADR at any stage of the proceedings, ABC ADR may proceed to determine the dispute with the information it has present at hand. In no circumstance shall ABC ADR be held liable by either party for failure to comply with the instructions of ABC ADR.

In certain disputes,  upon request of both parties and upon the acceptance of ABC ADR on the principle of efficiency, ABC ABR may additionally conduct non-binding mediation sittings between the Parties. These shall take place online in a secure forum and shall be recorded by ABC ADR. Minutes of the sittings shall be taken and retained by ABC ADR. 

5. Decision Timeline:
   – ABC ADR is committed to completing the process within 90 days from receipt of all documents by the parties. However, delays and complex issues may be grounds an extension.
   Where a Dispute exceeds 90 days , the Parties will continue receive updates every 30 days outlined in Clause 3 above.  ABC ADR will provide a reason for the delay.  

The player will also have the option to withdraw from ABC ADR proceedings at any time, provided written notice is given to ABC ADR who will notify the operator within 48 hours of the player’s withdrawal. Once withdrawn, the player may not reinstitute ADR proceedings based on the same dispute.

6. Outcome:
   – The ultimate goal of ABC ADR is to reach a timely and smooth amicable settlement between the operated and the player. The decision of ABC ADR will include a summary of the dispute, legal basis for the decision, and actions to be taken.
   – Outcomes are binding on the Operator   but they do not waive theplayer’s’right to seek further recourse to court.

The decision will be based on ABC ADR’s principles of fairness, impartiality and independence from the Parties.   In order to render its decision ABC ADR will, non-exhaustively, make reference to the documents submitted by the Parties, the LOK, AML/CFT Guidelines and other applicable laws of Curacao,  the Operator’s terms and conditions and any applicable license conditions.

Every decision shall be taken by a team of 3 independent experts. Each expert shall  be required to confirm their independence upon receipt of the claim by the Player.

The decision shall be communicated to both Parties.