Reported by Wong Zi Ying and Samantha Guang
The insightful evening talk organised by the Asian International Arbitration Centre (AIAC), on 17 April 2025 involved Richard Wee as the moderator and the following speakers; Bryan Boo (‘Bryan‘) from Messrs Bryan & Co who’s also a member of the legal committee of the Asian E-Sports Federation and has served as a Technical Officer at the 2022 Hangzhou Asian Games, Mohd Fasha Musthafa (‘Fasha‘) from Malaysia Electronic Sports Federation (MESF), Muhammad Farouq Abdul Patah (‘Flava‘), the President of Malaysian Esports Players Association (MESPA).
Keynote Highlights
The following key topics were discussed:
- Speakers’ views on Esports within Malaysian and the ASEAN region;
- Speakers’ personal views of the top legal challenges and complexities in Esports;
- Moving forward what are the opportunities that each speaker see that Esports in Malaysia will have; and
- In view that Malaysia is the Chair of ASEAN, how would that position help the growth of Esports in Malaysia.
Challenges in the Esports Ecosystem
Flava discussed that Esports contracts involving minors raise serious concerns. Young athletes, often without legal guidance, sign long-term agreements based on advice from senior players. Many of these contracts lack proper termination clauses and some are issued by companies not registered in Malaysia. These agreements are usually one-sided, with players being unaware that they’re entitled to keep a copy or challenge unfair terms. The psychological toll is significant, in the sense that many fear repercussions for speaking out. The issue of sexual harassment is also prevalent in the Esports industry. Without proper education, legislation, and support mechanisms, players are treated more as chattels than professionals.
The National Esports Development Guideline (NESDEG) helps address these gaps by outlining clear roles and protections for players. Fasha further shared how intellectual property issues remain a barrier to broadcasting, limiting visibility and growth.
Bryan highlighted challenges on a legal aspect. At the 2022 Hangzhou Asian Games, a major challenge was the handling of disputes during Esports matches. Questions arose over the lack of standard procedures, such as the need for multiple referees per device and clarity on match replays or rollbacks. The escalation underscored the disconnect between sports arbitration and the unique dynamics of esports.
Future Opportunities in the Esports Ecosystem
To strengthen player support, MESF plans to introduce a direct membership programme, offering perks like tournament discounts and direct communication channels. This initiative aims to foster transparency, player welfare, and a stronger sense of community. A structured training programme for marshals and casters is set to be implemented in alignment with Technical and Vocational Education and Training (TVET) guidelines. MESF also plans to establish an Esports Village and aims to collaborate with the Asian International Arbitration Centre (AIAC) to develop dispute resolution frameworks.
From Flava’s perspective, he emphasises the importance of continued collaboration between the government and the private sector, underscored by effective implementation strategies. On a legal aspect, Bryan Boo hopes that Malaysia can establish an Asian Dispute Resolution Centre or Independent Tribunal for Esports matters. Malaysia stands out as an ideal hub for such a tribunal, given its multicultural society and linguistic versatility, offering a unique opportunity to lead in shaping effective dispute resolution in Esports. Alternatively, a mock court can be established by AIAC so players will gain more awareness of alternative dispute resolution procedures in Esports matters.
Conclusion
The evening talk highlighted issues that needed to be addressed for the betterment of every individual within the Esports ecosystem. Much cooperation is needed between all stakeholders to address all existing gaps within the Malaysian Esports industry.
Published on 2 May 2025