1. About EADR
EADR Ltd., European Alternative Dispute Resolution (‘EADR’) is an independent arbitration service, providing alternative dispute resolution and is designed to comply with the “Consumer Alternative Dispute Resolution (General) Regulations” (S.L.378.18) in Malta. “In gaming disputes, the MGA Alternative Dispute Resolution Directive 2018 applies in addition”.
2. Procedural Rules
2.1 These rules of procedure shall apply to any disputes brought to EADR by players or other consumers.
2.2 The languages adopted by the EADR shall be English and/or German. Complaints shall be submitted and the procedure shall take place in either of these languages.
2.3 Dispute settlement at EADR is free of charge for players or consumers. For operators the fee, as provided for in a separate agreement between the operator and EADR, applies.
2.4 Complaints may be submitted online on the EADR website “www.eadr.org” which provides the parties with an accessible process for the submission of the application. Parties may also choose to upload supporting documents. Upon submission of an application and supporting documents, the arbiter who is assigned the case may access an online calendar and set the due date for the case.
2.5 Complaints may also be submitted offline by post at the entity’s following address: 189/1, THE STRAND, GZIRA GZR 1024, MALTA.
2.6 There shall be no verbal communication between EADR and the player or consumer before, during or after the submission of a complaint.
2.7 The complaint shall include: (a) all the details of the parties, the issue in dispute and the reason for the complaint; (b) concise, truthful, clear and up-to-date, summary of the circumstance allowing to provide an effective resolution.
2.8 Upon receipt of all documentation, EADR will inform the parties that it is in receipt of all documentation which constitutes the complete complaint file.
2.9 Upon receipt of all documentation, EADR will complete the ADR process within 90 calendar days but will endeavour to do so earlier wherever possible. In the event of exceptional cases of a highly complex nature, EADR may extend the 90-day period upon notification to both parties.
2.10 The parties may at any time withdraw from the ADR procedure.
3. Right of Refusal
EADR reserves the right to refuse to deal with any dispute if:
3.1 Prior to submitting the complaint to EADR, it results that the player or consumer did not exhaust all reasonable means to resolve the issue directly with the operator, and this includes following the internal complaints procedure of the operator if applicable;
3.2 The dispute is frivolous or vexatious;
3.3 The dispute is being or has been previously considered by another ADR entity or by a court or tribunal;
3.4 The player or consumer has not submitted the complaint to EADR within twelve (12) months from the date upon which the player or consumer submitted the complaint to the operator;
3.5 The claim is brought by someone who is not a player or consumer of the operator and;
3.6 In its sole opinion, dealing with such a type of dispute would otherwise seriously impair the effective operation of EADR;
3.7 In case EADR refuses to take the case on any of the grounds above, EADR will inform the consumer and the operator with a reasoned written explanation of the grounds for not considering the dispute within thirty (30) days of receiving the complaint file.
4. Procedure of Dispute Settlement
4.1 Each party to the dispute shall be entitled to be heard and express his/her points of view. Upon a request by either of the parties, EADR will provide such party with available documents, arguments, evidence and facts put forward by the other party to the dispute so as to ensure that they have reasonable opportunity to comment on the information and/or documents disclosed.
4.2 The arbiter shall be obliged to treat the parties to the dispute equally. He may request additional information and clarifications from the parties at any time. The parties may not communicate with the arbiter at their own initiative.
4.3 An arbiter shall adopt a decision on the basis of statements, evidence and facts submitted by the parties in accordance to the EADR Rules of Procedure.
4.4 The arbiter shall adopt and compile a reasoned decision in writing in which he states the reasons for his decision. Every decision shall contain the date of issue and the name of the arbiter.
4.5 The outcome of the ADR shall be a decision binding upon the parties provided that this does not preclude recourse to a court of law.
The parties to the dispute are not required to have a legal advisor, but can engage one, or be represented by a third party if they so desire.
6. Confidentiality and Data Protection
6.1 EADR shall at all times be in compliance with the General Data Protection Regulation and all data protection laws.
6.2 By submitting a complaint, the player or consumer consents to the transfer of any data which is relevant to the dispute from the operator to EADR. Upon request, EADR will provide both parties with the evidence, documents and facts put forward by the other party, including any statements made, or opinions given, by an expert. This does not apply to fraud protection and AML measures adopted by the operator.
6.3 EADR may store all information relevant to the case for future reference.
7. Conflict of Interest
The arbiter shall without undue delay disclose any circumstance which may affect his independence and impartiality, provided that in such case: either the arbiter is replaced by another person who shall be entrusted with conducting the ADR procedure; or the arbiter shall refrain from conducting the ADR procedure and where possible, proposes to the parties to submit the dispute to another ADR entity competent to deal with the dispute; or the circumstances are disclosed to the parties and the arbiter concerned is allowed to continue to conduct the ADR procedure only if the parties have not objected after they have been informed of the circumstances and their right to object.
8. Dispute Solution
In procedures which aim at resolving the dispute by proposing a solution, EADR shall ensure that the Parties, prior to following a proposed solution, shall be informed that:
- they may propose an alternative solution which may or may not be considered;
- following the proposed solution does not preclude the possibility of seeking redress through proceedings in a competent court or tribunal;
- the proposed solution may be different from an outcome determined by a competent court or tribunal applying legal rules.
9. Recourse to Court
The process does not restrict a player or consumer’s right to bring proceedings against the operator in any court of competent jurisdiction before or following EADR’s proposed solution to the dispute as long as the player or consumer has not accepted a compensation given.
10. Limitation of Liability
EADR accepts no liability for any loss, damage, loss of opportunity or inconvenience arising from any dispute between a player or consumer and an operator, the failure of a party to comply with the process and/or any agreement reached between the parties, the process itself, or the conduct of EADR in relation to the dispute.