Notification number of EU Commission 5224
Pardee Consulta is alternative dispute resolution (ADR) entity that has its main seat of establishment in Malta. Our multi-disciplined advocates root our reputation. We deliver pragmatic advice and actionable strategies in order to achieve successful dispute resolution.
Pardee Consulta comes with decades of combined experiences; our team offers unrivalled dispute resolution on a wide range of issues. We consider going the extra mile as part of the service, work tirelessly to deliver the results expected whilst settling for nothing less.
We may be lawyers, but we are people too. Our entire team is approachable and friendly. The firm’s core value is to reach amicable settlements in the shortest time possible whilst doing away with lengthy court proceedings and corresponding hefty court expenses.
We are here to find that solution that will suit your needs whilst providing just closure to all concerned stake-holders. We do more than what alternative dispute resolution requires, and we do more because we care.
Alternative Dispute Resolution (‘ADR’) Policies and Procedures
Pardee Consulta service is an impartial mediation service for disputes that arise between, most notably, registered sites that hold an operating licence from the Malta Gaming Authority or the Great Britain Gambling Commission and their players. We are pleased to offer our assistance to these players and approved licence holders (‘operator’), provided the below measures are followed:
- Players must ensure that the site is included on our list of approved licence holders found here.
- Players must ensure that they have followed the operators’ internal complaints procedure and that all reasonable attempt have made to negotiate a solution with the operator before submitting the ADR dispute form.
- Players may not request assistance if the dispute is being or has been considered by another approved ADR provider.
- Players may not request assistance more than one year after the conclusion of the operator’s review of the complaint.
- Pardee Consulta reserves the right to decline any assistance if in Pardee Consulta’s opinion the dispute is frivolous, vexatious, or does not relate to the outcome of a gambling transaction (for example, game results, betting results application of bonus offers, or account managing) or is currently being investigated by a third party. Pardee Consulta will within three weeks of receiving the dispute inform the player and the operator, together with a reasoned opinion, should Pardee Consulta decide to decline the dispute on these grounds.
- Players must submit a concise, clear and to the point summary of the circumstances of their dispute which will allow Pardee Consulta to provide the best service. Superfluous, nonessential, redundant correspondence will only serve to impede progress.
- There is no need for the player to initially include copies of correspondence to/from the approved licence holder with the dispute form, this information will be requested by Pardee Consulta on acceptance of the dispute.
- Pardee Consulta will make every effort to conclude the dispute resolution process within ninety (90) days of receiving the dispute and all other relevant information to enable the dispute to be processed.
- Pardee Consulta will not enter into any verbal communication with the player at any time, unless such verbal communication is recorded or in the presence of a third party who will take minutes of such communication which will then have the approval of both the Operator and the player.
- Pardee Consulta will use its reasonable efforts to resolve the dispute through reference to the operator’s terms and conditions and a process of non-binding mediation between the player and approved licence holder. The process will follow Pardee Consulta’s standard practice which may be varied by Pardee Consulta at any time at its discretion. The process does not restrict a player’s right to bring proceedings against the operator in any court of competent jurisdiction before or following Pardee Consulta’s proposed solution to the dispute.
- Once dispute had been referred to Pardee Consulta, the player and approved licence holder should refrain from contacting each other and discussing the dispute. All communication should be channelled through Pardee Consulta.
- Upon request Pardee Consulta will provide the player and operator with the evidence, documents and facts put forward by the other party including any statements made, or opinions given, by an expert. Information relating to fraud protection measures adopted by the operator will not be disclosed.
- Players may make a written request to Pardee Consulta to cease assistance at any time.
- Players and operators are required to keep the details of dispute and resulting decisions confidential. This confidentiality does not apply to information requested by the regulator or in the course of legal proceedings.
- By using our ADR service, the player agrees that there is no entitlement to claim in respect of the process or its outcome. Accordingly, Pardee Consulta accepts no liability for any loss, damage, loss of opportunity or inconvenience arising from the dispute between a player and an approved licence holder, 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 Pardee Consulta in relation to the dispute.
The ADR service is managed by Dr Arthur Azzopardi, Managing Partner at Pardee Consulta. The mediation team includes a list of Advocates, all of which have the capacity, expertise, and experience necessary to provide dispute resolution services at Pardee Consulta. Pardee Consulta makes use of professional arbiters and adjudicators who are not controlled, influenced or directed by Pardee Consulta or any other external force. Pardee Consulta demands that decision-making during dispute resolutions is strictly and solely in the hands of the Arbiter or adjudicator appointed for such decision. All communication and decision making during the alternative dispute resolution sessions are strictly confidential and neither the arbiter or adjudicator discloses communications or decisions to Pardee Consulta.
Pardee Consulta’s Standard Mode of
Procedure for Dispute Resolution
The Entity’s Procedural Rules
Pardee Consulta’s alternative dispute procedures are designed to comply with the Maltese Subsidiary Legislation of “Consumer Alternative Dispute Resolution (General) Regulations” [S.L.378.18], based upon the European Directive 2013/11/EU of the European Parliament and of the Council of 21 May 2013 on alternative dispute resolution for consumer disputes. The Rules ensure independence and impartiality, transparency, effectiveness and fairness throughout the whole process. Pardee Consulta has in place binding (adjudication and arbitration) and facilitated (Conciliation/Mediation) procedures. The outcome of the procedure becomes legally binding (i) once an award is given or (ii) in the case of mediation once the agreement is made in writing and signed by, or on behalf of each of the parties.
Pardee Consulta maintains an up-to-date website which provide the player and operators registered with Pardee Consulta easy access to information concerning the ADR procedure.
Pardee Consulta is reachable as it is well equipped with the latest technology and can receive and deal with complaints by email, telephone [on hotline: +356 21 433 000], Skype or post. The website must also have an ODR mechanism – Online dispute Resolution, whereby both the operator and the player may file complaints to Pardee Consulta online.
Pardee Consulta’s ADR is founded upon the five pillars of alternative dispute resolution, namely, mediation, conciliation, negotiation, arbitration and adjudication.
The Player files a complaint with Pardee Consulta by any means listed hereabove. Pardee Consulta will, within 7 working days of receipt pass over that information to the Operator, for the latter to reply iin 7 working days. Should the operator’s or player’s justification or complaint be enough. If the ADR settles here, Pardee Consulta files a final contract to make the agreement made by the parties involved binding.
Pardee Consulta will then engage an advisory role to both parties to facilitate the inteded resolution. Here the Conciliation passed over to the operator will also be known to the Player and vice-versa. If the ADR settles here, Pardee Consulta files a final contract to make the agreement made by the parties involved binding.
Should the conciliation stage not suffice to provide resolution, Pardee Consulta will then pass on to negotiate a solution between the parties. Such negotiation may entail, but not limited to, the request to change the request posed by the player and the solution provided by the operator in order to seek common ground. If the ADR settles here, Pardee Consulta files a final contract to make the agreement made by the parties involved binding.
Where neither of the previous steps have provided the intended resolution, the parties will then pass on the last and final stage. Here, Pardee Consulta will consider the submissions made by both parties and draft a contractual agreement that will also serve to be final and binding.
In the event that the parties refuse to sign the Contractual agreement, Pardee Consulta will take an adjudication role and sets a non-binding decision that may or may not be respected. This ultimately depends on whether the contract proposed by the adjudicating body is signed by the parties. Should such decision be honoured and agreement proposed signed, this stage of the resolution process will also serve to be final and binding upon the parties concerned.
With each step of our dispute resolution, Pardee Consulta will have a more active role only and solely for the purpose to assure players and operators of a settlement. Pardee Consulta introduces its activity with the lowest possible intrusion to make sure that flexibility and liberty of the parties involved is preserved, to the extent of the possibility to do so in relation to the intended aim of resolution.
Pardee Consulta will always:
- provide the parties, at their request, with information on a durable medium;
- where applicable, enable the consumer to submit a complaint offline;
- enable the exchange of information between the parties by electronic means or, if applicable, by post;
- accept both domestic and cross-border disputes,
- take all the necessary measures to ensure that the processing of personal data complies with national legislation on the protection of personal data.
Grounds on which
Pardee Consulta may refuse
to deal with a given dispute
Pardee Consulta reserves the right to refuse to deal with any dispute if:
- Prior to submitting the complaint to Pardee Consulta, it results that the Consumer made no attempt to contact the Trader with the purpose of trying to resolve the issue directly with the Trader on an amicable basis;
- In Pardee Consulta’s view the dispute is frivolous or vexatious;
- The dispute is being or has been previously considered by another ADR entity or by a court, tribunal or other judicial or administrative body;
- The value of the claim falls below or above a pre-specified monetary threshold;
- The Consumer/Player has not submitted the complaint to Pardee Consulta within twelve (12) months from the date upon which the Consumer/Player submitted the complaint to the Trader/Registered Operator;
- The claim is brought by someone who is not a Consumer/Player of the Trader/Registered Operator; and,
- In its sole opinion, dealing with such a type of dispute would otherwise seriously impair the effective operation of Pardee Consulta.
All disputes are mediated in Maltese, English or Italian however Pardee Consulta makes use of a translation software to handle disputes in most other languages and where disputes are more complicated will request a native speaker to check the translation before responding to the player. Pardee Consulta also makes use of Court approved translators that may provide translation for all languages in Europe, Arabic and all the variants spoken on the South African continent.
Length of Dispute Resolution
Pardee Consulta endeavours to enable the disputants to reach an outcome within a period of ninety (90) calendar days from the date on which it has received the complete complaint file.
Types of Disputes Covered
Pardee Consulta has the necessary experience to deal with both domestic and cross-border Consumer and Trader disputes of whatever nature, sector and value. Pardee Consulta for example is concerned with disputes which concern the return of goods, faulty goods, missing parts, delivery, customer service, pricing, misrepresentation of product description and disputes concerning the Gaming Industry.
We are pleased to offer our assistance free of charge to consumers/players.