Reported by Michelle Yap
The inaugural Malaysia Sports Law Summit (‘MySLS’) 2024, organised by the Malaysian Bar’s Sports and e-Sports Law Practice Committee (SeLPC), marked a precedential milestone in advancing the development, jurisprudence and growth of sports and e-sports in Malaysia. Held on 28 November 2024, the event united legal professionals, sports administrators, and stakeholders to discuss the past, current and future directions of sports law in Malaysia.
Keynote Highlights
In his opening address, Richard Wee, Chairperson the Bar Council Sports and e-Sports Law Practice Committee (SeLPC) emphasized the need to elevate Malaysia as a regional hub for sports law. He detailed the committee’s formation, its expansion to include e-sports law, and its vision of establishing a Centre of Excellence for sports law. This center aims to produce scholarly works, provide mentorship, and organize competitions, fostering a robust sports law framework.
Wee also outlined ambitious plans for 2025, including hosting the Southeast Asian Sports Law Summit during Malaysia’s ASEAN Chairmanship.
Up next was YB Hannah Yeoh, Minister of the Youth and Sports Ministry.
Sports Development: A Ministry-Driven Push
Hannah Yeoh, Malaysia’s Minister of Youth and Sports, presented critical updates on government initiatives supporting sports development.
- The Sports Development Act 1997 was amended in March 2023, doubling the number of gazetted sports and introducing tax incentives for sports training, ensuring greater ecosystem sustainability.
- The Safe Sports Code was implemented to address harassment and abuse, processing 31 cases to date. Yeoh emphasized the importance of athlete protection, especially for those under 18, who now benefit from enhanced governance under a dedicated committee.
- The Youth and Sports Ministry has been allocated RM1.12B in budget, making them the ministry with the lowest allocated budget.
- Yeoh reiterated the government’s commitment to inclusivity, with goals such as achieving 30% female representation in national sports committees and incorporating former athletes into leadership roles.
Session 1: The Development and Utilisation of Sports Arbitration in Malaysia
Arbitration and Dispute Resolution
Datuk Almalena Sharmila Johan, CEO of the Asian International Arbitration Centre (AIAC), shared insights into AIAC’s reformation to better address sports disputes. Highlighting compliance with international standards, she detailed AIAC’s streamlined arbitration processes, including expedited decisions and emergency arbitrations within 48 hours.
Furthermore, Datuk Almalena raised concerns about overlapping appeal mechanisms under the Sports Development Act 1997, which might undermine arbitration’s finality. In line with this, she called for clarity to ensure swift and binding resolutions.
Insights from AFC’s Legal Framework
Andrew Colin Mercer, General Counsel and Director of Legal Affairs of the Asian Football Confederation (AFC), elaborated on AFC’s disciplinary and regulatory structures. Noting their recognition of the Court of Arbitration for Sport (CAS), he discussed common disputes in football, including doping and match-fixing, and the importance of procedural fairness in adjudication.
Session 2: The Growth and Evolution of Sports and e-Sports Law in Malaysia
In this session, moderated by Nik Erman Nik Roseli, Deputy Chairperson of SeLPC the speakers, namely:
- Michelle Chai, CEO of the PETRONAS Academy of Badminton Malaysia.
- Sri Sargunaraj Ideraju, President of the Sports Law Association of Malaysia (SLAM).
- Bryan Boo, member of the legal committee of the Asian E-Sports Federation.
Promoting Athlete Awareness and Access to Justice
Michelle and Sri provided hindsights on the evolving legal challenges in sports and e-sports, from emerging concepts of image rights and safe sports to athlete contracts. Speakers also addressed the need to raise awareness among athletes about their rights and the available dispute resolution mechanisms. Suggestions included developing legal aid programs and improving access to cost-effective arbitration for economically disadvantaged athletes.
Emerging Trends: E-Sports and the Law
- Bryan Boo, member of the legal committee of the Asian E-Sports Federation.
Interestingly, Bryan Boo brought attention to the fast-growing world of e-sports, highlighting unique challenges:
- e-doping, where automated scripts give players unfair advantages. The Asian Federation’s e-doping code, modeled after WADA, is a promising start but requires further adaptation to the nuances of e-sports.
- Contractual complexities in e-sports, such as varying match durations, present opportunities for innovative legal solutions. Boo also noted that, unlike traditional sports, e-sports can rely on replays to resolve disputes, reducing the need for live refereeing.
These developments underscore the need for tailored legal frameworks that blend sports and commercial law.
Conclusion
The summit showcased Malaysia’s commitment to advancing sports and e-sports law. It provided a platform for dialogue, fostering collaboration among legal minds, sports administrators, and policymakers to strengthen the nation’s sports governance framework. As Richard Wee has aptly noted, this is merely the beginning of Malaysia’s journey toward excellence in sports law.
Published on 6 December 2024