International Courts and Arbitration for Casino Disputes
1) When an international court or arbitration is relevant
International judicial and arbitration mechanisms shall apply if:
2) Difference between international court and arbitration
An international court is an official state or interstate body (for example, the Court of Justice of the European Union, the European Court of Human Rights). In disputes with casinos, it is rarely used, mainly when fundamental rights are violated.
International arbitration is a private but recognized commercial dispute settlement procedure in many countries. May be provided in a casino environment.
3) Main arbitration centers applicable for gambling
LCIA (London Court of International Arbitration) - London, UK.
ICC (International Chamber of Commerce) - Paris, France.
HKIAC (Hong Kong International Arbitration Centre) — Гонконг.
SIAC (Singapore International Arbitration Centre) - Singapore.
These centers can handle disputes between the player and the operator if there is an appropriate clause in the contract (casino rules).
4) How arbitration relates to a casino license
Some licenses explicitly list arbitration as a method of resolving international disputes.
Exempli gratia:
5) Procedure for recourse to international arbitration
1. Check the terms of the contract with the casino - is there an arbitration clause.
2. Collect evidence - transactions, correspondence, screenshots.
3. Select the arbitration body (if not specified in the conditions).
4. File a lawsuit - usually online, with payment of the registration fee.
5. Wait for an invitation to the hearing - remote participation is possible.
6. Adjudication - the decision of the arbitration in most countries is binding under the 1958 New York Convention.
6) Strengths and weaknesses of international arbitration
Pros:
Cons:
7) When it makes sense to go to an international court
Basically - in case of violation of rights at the interstate level, for example, if the country of registration of the casino systematically violates international treaties on consumer protection. For an ordinary player, this is a rare and difficult path.
8) The bottom line
International arbitration is a real tool for protecting the interests of the player in large disputes with casinos, especially if the internal mechanisms have not worked. However, this path requires financial costs, legal preparation and preliminary confirmation of the right to appeal.
International judicial and arbitration mechanisms shall apply if:
- a casino is registered in one country and a player in another;
- the dispute could not be resolved through support or the regulator;
- casino jurisdiction provides for recourse to an international body;
- there is a significant amount of dispute (usually from several thousand dollars).
2) Difference between international court and arbitration
An international court is an official state or interstate body (for example, the Court of Justice of the European Union, the European Court of Human Rights). In disputes with casinos, it is rarely used, mainly when fundamental rights are violated.
International arbitration is a private but recognized commercial dispute settlement procedure in many countries. May be provided in a casino environment.
3) Main arbitration centers applicable for gambling
LCIA (London Court of International Arbitration) - London, UK.
ICC (International Chamber of Commerce) - Paris, France.
HKIAC (Hong Kong International Arbitration Centre) — Гонконг.
SIAC (Singapore International Arbitration Centre) - Singapore.
These centers can handle disputes between the player and the operator if there is an appropriate clause in the contract (casino rules).
4) How arbitration relates to a casino license
Some licenses explicitly list arbitration as a method of resolving international disputes.
Exempli gratia:
- The UKGC often requires an ADR (Alternative Dispute Resolution) - a private arbitration accredited by the commission.
- The MGA provides for filing a complaint with the regulator, and if unresolved, the possibility of transferring the case to arbitration.
- Curacao in most cases is limited to correspondence with the master licensee, international arbitration is not required.
5) Procedure for recourse to international arbitration
1. Check the terms of the contract with the casino - is there an arbitration clause.
2. Collect evidence - transactions, correspondence, screenshots.
3. Select the arbitration body (if not specified in the conditions).
4. File a lawsuit - usually online, with payment of the registration fee.
5. Wait for an invitation to the hearing - remote participation is possible.
6. Adjudication - the decision of the arbitration in most countries is binding under the 1958 New York Convention.
6) Strengths and weaknesses of international arbitration
Pros:
- International recognition of solutions.
- Possibility of remote review.
- Independence from casino jurisdiction.
Cons:
- Cost (several hundred to thousands of dollars).
- Duration (months).
- Not all casinos agree to arbitration without a corresponding clause in the rules.
7) When it makes sense to go to an international court
Basically - in case of violation of rights at the interstate level, for example, if the country of registration of the casino systematically violates international treaties on consumer protection. For an ordinary player, this is a rare and difficult path.
8) The bottom line
International arbitration is a real tool for protecting the interests of the player in large disputes with casinos, especially if the internal mechanisms have not worked. However, this path requires financial costs, legal preparation and preliminary confirmation of the right to appeal.
