This case serves as a critical reminder that for sports bodies, strict adherence to their constitution and bylaws is paramount. It mandates the exhaustion of internal remedies like mediation before court intervention and underscores the fundamental necessity of procedural fairness in all decisions.
In 2015, FIFA implemented a global ban on TPO agreements, which prohibited clubs and investors from sharing players’ economic rights.
RFC Seraing, which had entered into such arrangements with an investment fund, was sanctioned with fines and a transfer ban by FIFA. The club argued that the ban restricted competition and free movement under European Union (‘EU’) law and sought to challenge the arbitral award confirming FIFA’s sanctions.
Malaysian arbitration law has historically featured a debate on the available routes for enforcing foreign arbitral awards, specifically, whether award creditors could opt for direct enforcement under the Malaysian Arbitration Act 2005 or were required to pursue enforcement under the Reciprocal Enforcement of Judgments Act 1958 framework after converting the award into a judgment abroad.
In October 2023, the Asian International Arbitration Centre (‘AIAC’) introduced the Asian Sports Arbitration Rules 2023 (‘ASAR 2023’). In Malaysia, AIAC has emerged as a hub for sports arbitration when it introduced ASAR 2023, designing it for the unique requirements of the sports industry. AIAC aims to be an international hub for arbitration matters. This is also supported in our legislation Arbitration Act 2005 where it supports ADR and recognises both domestic and international arbitration.
The amendments to the CAS Code and Schedule of Arbitration Costs which came into force on 1 July 2025, show a wavering commitment to expediting its procedures, thus enhancing efficiency and ensuring much clarity in the arbitral process. The formal inclusion of in-house clerks, removal of outdated communication methods, and the updated cost structure underscore a remarkable shift towards a more swift and cost-effective mode of dispute resolution in international sports arbitration.
The ASEAN Sports ADR Forum 2025 (‘the Forum’) jointly organised by the Asian International Arbitration Centre (AIAC), the Legal Affairs Division of the Prime Minister’s Department (BHEUU), and the Ministry of Youth and Sports Malaysia (KBS), underscored the theme ‘Ensuring Fair Play: Advancing Sports Dispute Resolution in Asia’.
Written by Syazrinie Jalil Introduction The Arbitration (Amendment) Bill 2024, passed by both the Dewan Rakyat and Dewan negara respectively, is a watershed moment in Malaysia’s legal landscape. This amendment introduces several key changes to…
One significant advantage of arbitration is the absence of a general right to appeal the tribunal’s decision. This typically results in faster enforcement of arbitral awards compared to court judgments, which can undergo multiple appeals. In exceptional circumstances, a party may seek to have an arbitral award set aside by the courts at the seat of arbitration. However, courts have consistently held that such relief is only granted in rare instances, such as where there has been a significant breach of natural justice or procedural improprieties. Generally, arbitral awards are upheld.
In recent years, the Asian International Arbitration Centre (AIAC) has experienced a notable increase in its caseload. For instance, in 2023, AIAC handled a total of 873 matters, both registered and pre-registered, compared to 810 matters in 2022. This upward trend highlights the growing reliance on arbitration for dispute resolution.
Alternative dispute resolution (ADR) has been around for many years and as the name suggests has often been used as an alternative to traditional litigation.
