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.
This case demonstrates that employers must provide fair reasons before terminating an employee. A dismissal cannot be justified by vague claims of poor performance when the employee is actively achieving the goals set out for them. The Industrial Court’s role is to protect workers against arbitrary termination and ensure the upholding of contractual rights, even in demanding industries like professional sports.
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 The formal inclusion of in-house clerks, removal of outdated communication methods, and the updated cost structure underscore a remarkable shift towards a more swift and cost-effective mode of dispute resolution in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.
In esports, Web3 and blockchain technology are set to transform how games are played, owned, and monetised. One of the most exciting developments is the use of NFTs (non-fungible tokens). These are unique digital certificates stored on the blockchain that prove who owns a particular digital item. Each NFT includes a unique ID and metadata that cannot be copied or altered.
Things like an in-game sword, a video highlight of a clutch play, or a rare digital trading card can become NFTs. The blockchain keeps a permanent record of who owns each item, even if the image or video itself isn’t stored on the blockchain.
In 2024, the Ministry of Youth and Sports, along with the Inland Revenue Board, announced a new tax relief for Malaysian taxpayers for the assessment year 2024. The tax relief covers 103 types of sports listed in the First Schedule of the Sports Development Act 1997 (‘the SDA’). The newly introduced tax relief for sports equipment and sports activities for oneself, parents, spouse, and/or child is up to RM1,000.
Antitrust laws are designed to promote competition by restricting the ability of one single company from dominating the market Ensuring mergers and acquisitions do not overconcentrate market power or form monopolies, also breaking up those that have formed monopolies. It also prevents multiple firms from colluding or forming a cartel to limit competition through practices such as price fixing. The rise of Esports brings up several antitrust concerns, especially since Microsoft and Sony dominate much of the video game industry.
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’.
A contract was entered into by a company specialising in professional development services for athletes and an athlete who was 17 years old at the time. The contract required the athlete to pay the company a portion of his net income from basketball related contracts. The issue on unfair terms in contracts arose in this case.
