AIAC Certificate Programme in Sports Arbitration 2018
The Asian International Arbitration Centre (AIAC) has identified the need for resolution of disputes in the sports industry in Malaysia. Arbitration has been known to be an effective medium to resolve disputes amicably and that conviction remains a principal catalyst for our proposed establishment of a sports tribunal. This tribunal will not only be a dedicated platform for the resolution of sporting disputes in Malaysia but also for the ASEAN region.With the establishment of such a tribunal, the sports ministry and associations alike will be able to pass on the intricacies of dealing with sporting disputes to the newly formed body and in turn focus on the development and capacity refinement of their respective portfolio. In turn, the setting up of the tribunal will witness the implementation of a uniform dispute resolution mechanism for the resolution of sporting disputes in the form of arbitration, bringing Malaysia in line with other jurisdictions in the world. Backed with the administrative and state-of-the-art facilities of the AIAC, the tribunal will be designed to ensure affordable access to justice for athletes, sporting associations, sports organizations and other persons of interest in the sporting industry.
To further legitimize the setting up of the tribunal and towards ensuring its independent and efficient administration of sports disputes, a specialised set of Arbitration Rules is currently being finalised, along with a specialist panel of Sports Arbitrators drawing on both arbitration and sports communities, and the drafting of a flexible cost structure. Accordingly, there will exist a need for sports stakeholders to familiarize themselves with the technical aspects of the tribunal’s framework, which to an extent will mirror the CAS system. Drawing from CAS’ recognition of the AIAC as an official alternative hearing centre, the tribunal will offer a cost-effective appeal route to CAS, providing aggrieved parties the opportunity to have their appeals at CAS heard in Malaysia at the AIAC.
Notwithstanding the above, n Malaysia, sporting dispute resolution remains at its infancy, where knowledge and experience in the theoretical and practical aspects of sports dispute resolution at national and international levels amongst sports stakeholders throughout Malaysia has been scarce at best. With the recent amendments to the Sports Development Act 1997, the legislature has made room for the resolution of sporting disputes through, amongst others, arbitration. Against this background, sportsmen, sporting organizations and lawyers need to equip themselves with the theoretical knowledge and practical know-hows of arbitration as a platform for the resolution of sporting disputes. The peculiarities and unique exigencies of sporting disputes and the international implications of decisions rendered in sporting disputes warrants and necessitates specific attention to procedure including but not limited to the procedures undertaken in arbitration as well as a comprehensive and thorough examination of the law of sport. The AIAC Certificate Programme in Sports Arbitration bridges this gap and offers a holistic approach to understanding sports law and the practicalities in the resolution of sporting disputes.
The AIAC Certificate Programme in Sports Arbitration is endorsed by The Olympic Council of Malaysia.