Sports Disputes

Sports Disputes and Sports Justice :

 Disputes are defined as an argument, controversy and question of truth and validity.
 In Malaysia, the Malaysian sportsperson are ignorant on their rights and constantly
did not do what is necessary for them as a professional sportsperson.
 Sports disputes arise during the course of competition of sports and are normally
settled unofficially by way of meditation or an internal disciplinary hearing.
 A disciplinary hearing is conducted by “a body that exercises jurisdiction over
internal affairs of a particular profession or association under powers conferred either
by statute or by contract between the members

Sports Disputes :
 Sports disputes are inevitable in regards the development of sports in Malaysia.
 According to the Sports Development Act 1997, it does not provide the definition of
sports related disputes but it somehow only provided procedure in solving disputes
arising in sports organisations.
 Disputes in sports does not only involve performance of the sportsperson, it also
includes disputes in sports industry, individual sportsperson or sport bodies.
 At the organisational and administrative level, the Disciplinary Committee have the
power to make any decision that affect people and public and it was governed under
the law of administration and national.
 The disputes in sports can be categories into three, namely the competitive dispute,
administrative dispute and commercial sports dispute.

1. Competitive Disputes
- Competitive disputes can be known as on field disputes can be categories into two.
The first is the disputes arises once a participants is in breach of the rules of the
games. The objectives of the hearing is to impose sanctions.
- For example, the athlete, Noraseela Khalid, who was a 400-metres hurdles, she
withdrew her participation in the SEA Games last minutes. Her act angered a number
of parties. Her health reports stated that she was unable to perform. Therefore, the
athlete health should be prioritised as they should have the freedom and unconstrained
to make their own decisions.
- Besides the athletes, coached and managers could be involved in the sports disputes.
For example, B Sathianathan, a Kelantan soccer coach was suspended for 6 months
and fined with RM2,00 by FAM Disciplinary Committee because he criticised the
national football body.
- Misbun Bin Mohd Sidek, a badminton coach, he resigned before his contract was
expired. The Badminton Association Malaysia (BAM) had used ways in asking him
not to resign but he refused. He did not explain the reason of his resignation and was
silent about it. Then, BAM took action that he had breached the contract.
- Chirstopher Mendy v International Amateur Boxing Association (AIBA) : In this
case, the CAS ad hoc Division Panel discussed the principle of non-interference with
the decision made by the official during the competition. It was held that the matter
 was beyond the jurisdiction on the review of the application of technical rules of
sports. This act are under the responsibility of the federation. On the on-field disputes,
the judges and referees are not in position to review the application of the rules.
- The second categories on the disputes in competition occurs between sport bodies
and among the participants.

2. Administrative Disputes
- The administrative disputes happened between the sports bodies itself with the
sportsperson and coaches. It happen if there was a misrepresentation and
disagreements between them such as personality conflicts, differing views of a
particular policy, employment disputes of contract, salary increments, wrongful
dismissal, disputes on perceived bias or lack of fairness in the appeal process, and
human rights aspects involving sex discrimination and eligibility to participate at
certain levels of competition.
- Haji Osman Bin Haji Aroff & Anor v Abdul Karim Bin Pin : In this case, the
respondent was the employee of the Kedah Regional Development Authority
(KEDA). The respondent represented his employers in soccer and played in the Kedah
State football team. He then wanted to resign from his position and sent a telex to
notify and at the same time, he played at a friendly match for a Kuala Lumpur football
team which this act constituted as a breach of his contract. As a result, he was banned
by the Disciplinary Committee for 5 years.
- Administrative disputes may give rise on extreme political intervention in sports.
- Chin Mee Keong & Ors v Pesuruhanjaya Sukan : In this case, the Sports
Commissioner suspended the registration of Malaysian Taekwondo Association
(MTA) because it failed to amend some important sections in the constitution.
However, the appellant, Chin Mee Keong who is the president of MTA brought a
claim to the court and refused to make an appeal to Datuk Seri Azalina Othman Said,
the Minister of Youth and Sports, as he claim that the appeal was not mandatory since
the wording in S.21(1) of SDA saying that they have the option on either to make an
appeal to Minister or seek remedy. An appealing to the Minister would be
unconstitutional as it would be biased and prejudiced against the stand of MTA. The
court held that the appeal have certain errors. First, they failed the access the appeal
and insufficient investigation was made on the granting of the order of certiorari.
Second, they failed to consider the claim to be against the human rights if was heard
in appeal. Furthermore, on the issue where the appellant claim that the Minister was
prejudicial and unfair, if the Minister were to hear the dispute, it would not be
enforceable. The court then held that the appellant application was not frivolous and
vexatious to justify a refusal to grant permission in limine. This case brought upon the
judicial review in sports cases.
- Tan Sri Muhyiddin Bin Haji Mohd Yassin & Anor v Dollah Bin Haji Salleh : In
this case, the respondent was a football player of the Johor Football Association
(JFA). The association was under the FAM. He then sent a letter of resignation after
he was offered a new employment by Talasco. However, JFA banned the respondent
from participating in any football at all levels in Malaysia. He received the letter of
ban on the same day. The Disciplinary Committee alleged that the respondent was
 guilty of misconduct. Therefore, he was suspended and banned from playing for 3
years. He was also suspended from holding in any office in any team or football
association for 3 years. The respondent then brought an action to the High Court
stating that it was ultra vires.

3. Commercial Sports Disputes

- Commercial sports disputes includes business, reputation and financial pressures in
sports. In sports commercialisation, promotion and marketing of professional sports
and sports events give rise to disputes. Besides, there are also disputes such as
corporate sponsorship, merchandising and agency contracts.
- Sport companies in Malaysia are licenced sport bodies which they would organised
sports and commercial activities. For example, the sports marketing company that
enter marketing and sponsorship contracts with individual sportspersons or sports
bodies.
- AEK Athens and SK Slavia Prague/Union of European Football Associations
(UEFA) : In this case, it dealt with disputes in restrictions on common ownership of
football clubs competing in the UEFA League. In this case, the company was a public
limited company and have the control over the subsidiaries and stakes of more than
50% of three participants namely, AEK Athens, SK Slavia Praha and Vicenza Calcio.
In protecting the sports integrity, UEFA informed the company and the clubs about the
new regulations on the multi-club ownership. Under this new rules, it prohibit any
participants of the clubs or any other clubs and the participants to be involved with the
management, administration and sporting performance of more than one club at the
same time. Only one of two or more clubs allowed to participate in the UEFA club
competition. Therefore, the company brought an action against them in CAS.
However the Panel held that such regulations imposed was necessary. The Panel also
held that the multi-club ownership in football would also caused conflict of interest
and it challenged the integrity of the game.

Legal resolution Sports Dispute :

 Section 23 and Section 38 of SDA : Provides on the internal procedure and the
power to the sports bodies to regulate their own affairs.
 If the sports disputes cannot be resolved under the sports body’s internal procedure,
the dispute would be bring upon the Minister for resolution as stated in Section 24 of
SDA.
 The sport bodies also have the power to conduct their own appeal procedure and
charge certain administrative fees.
 However, both the internal procedures and appeal procedure of the NGB must in
consistent with the national law and not contravene with any IF guidelines. It must
also be based on the rules and regulations of international governing and regulatory
bodied of sports.
 If the sports bodies did not provide any avenues for resolution, the arbitration and
international regulations are adopted in solving it. The jurisdiction must also be used
 in the constitution and be used with care. The Minister can also intervene with such
regulation of internal procedure and appeal procedure.
 Internal Procedure in sprots are different than public tribunals as there was no clear
separation of power between legislative, executives and judiciary. It must obtain a
natural justice as one of the requirement of law in protecting the human rights.
 The role of Internal Procedure is to enforce the sports body’s own rules and codes of
conduct. It is not a court of law. Its importance lies in the significant effect it has on
the individuals involved in the particular conduct within the sporting system of rules
and regulations.

 Enderby Town Football Club Ltd v Football Association Ltd : In this case, Lord
Denning held that an aggrieved party have no absolute rights to legally represented.
The rule stated that no legal representative are allowed. Disciplinary Committee have
to decides whether or not the aggrieved party are allowed for representative.

Judicial Reviews :
 Judicial review have the legal means of controlling or holding to account the activities
of the government.
 It is a procedure where the court can review an administrative action by a public body
and secure a declaration, order or award. Therefore, the court would intervene if there
was an illegal exercised or abuse of power in certain situation.
 In Malaysia, the control of administrative action and the decision of sports regulatory
authorities does not fully covered under the administrative functioning. The judicial
review in Malaysia regards the decision making process and not the decision itself.
 Therefore, the judicial reviews in Malaysian sports are based on administrative law of
natural justice rather than other thing.
 Law v National Greyhound Racing Club Ltd : In this case, the plaintiff’s licence as
a greyhound trainer was suspended for 6 months by the stewards as the result on the
greyhound was tested positive for doping. The plaintiff claimed for originating and
summons a declaration that the steward’s decision was void and ultra vires. In the
contract, the stewards would have the power to suspend the plaintiff. Therefore, there
was an evidence to support that the private and domestic tribunals were outside the
scope of certiorari. Judicial review would be inappropriate procedures for challenging
the decision of the stewards.
 Kamarudin Merican Noordin v Kaka Singh Dhaliwal : In this case, the judge cited
Lord Pearce decision in Faramus Film Artistes’ Association. Since the respondent
union have a monopoly, exclusion from membership prevents a man from earning his
living in this particular profession. The absolute rule would prevent the person to
suffer from trivial conviction before being restraint of trade and unreasonableness.
Therefore, the courts have power to grant him a declaration that his rejection and
ouster was invalid and an injunction requiring the association to rectify their error. He
may not be able to get damages unless he can show a contract or tort but he may get a
declaration and injunction.
General Regulations of Sports Justice :
 In Malaysia, the sports is administered and regulated in various level by relevant
sports authorities, internally or internationally.
 There are five level of law that can be used by Malaysia in regulated the sports law.
The laws can be informal and formal.

1. First law – the disciplinary law as stated in the disciplinary section.

 In sports, the referees and umpires would decide on the breach of the law of the game
by the sportsperson. They have the power into giving penalties or warnings to the
sportsperson. Their decisions would be final but may subject to appeal.
 The FAM gives powers to the referee and umpire to expel any football player where
they see fits if the player violated the act of a football match.
 The referee have the power to show yellow card or red card to the player in the field if
the players committed any misconduct in sports. Therefore, the referee would be
acting as the judge.

2. Second law – the law of the game

 Every games have its own rules and regulations that the sportsperson must follow
during the games.
 The law regulates a fair play among the sportsperson during the game and it should be
constantly observed by sports administrators in ensuring the fair play. However, the
rules and regulations still can be altered by the organisers in Malaysia sports.
 The sportsperson therefore must made known of the rules and regulations imposed on
that particular games made by the organisers. However, the rules and regulations are
still subjected to national and international law.

3. Third law – administrative law

 In appealing to the certain incident or penalty by the sportsperson, the national sports
bodies normally set up a disciplinary tribunal or Disciplinary Committee to conduct
internal procedures and decide on the matter internally.
 The tribunals and disciplinary board are formed in settling issues of breached of the
rules, disputes between various parties, or appeals from a referee’s decision.
 The tribunal would be fair and reasonable in making decisions based in the rules of
natural justice when was challenged by the courts.
 Singapore Amateur Athletics Association v Haron bin Mundir : In this case, the
Singapore Amateur Athletics Association did not exercise their rights based on the
rules of natural justice to be fair and reasonable. There was be in breach of those rules
in the conduct of their disciplinary proceedings. The High Court agreed with the trial
judge but the Court of Appeal nullified the suspension of Haron bin Mundir. In this
case, the court would based on the review decisions made by the sports body on the
 rights in procedure as to whether or not the decision arrived at violates the natural
justice of the sportsperson.

4. Fourth law – formal law

 The formal law are such as the national law or Malaysian law.
 The law in Malaysia would be governing the act of the sportsperson and would be
appliable for disputes such as contact, termination and employment issues.
 The area of national law would be mainly on tortious liability and criminal liability.
5. Fifth law – the law of International Sports Federations (IF)
 FIFA is automatically operated and binding.
 This international federation governs the sport of football through its statutes, rules,
regulations, standing orders and the law of the games.

Procedures that followed by the Disciplinary Committee Section 26 SDA :

1. The Evidence and standard of proof
 During the hearing process, the Disciplinary Committee would look into the material
facts and evidence that can be obtained on the accusation to have findings of the
liability of the defendant.
 Dawkins v Antrobus : The weight of evidence lies upon the internal procedure to
make decision and not the court.
 Any documents, evidence, affidavits that may help in the proceeding would be used
during the internal procedure.
 Subramaniam v PP : The facts that was made by the witness are different than the
truth are frequently relevant in considering the mental state and conduct of the witness
or of some other person in whose presence of the statement was made.
 The Disciplinary Committee may consider who have the duty to establish the case or
establish the fact upon the issue based on the evidence and the standard of proof.

(i) Onus of proof in Disciplinary Hearing

- During the internal procedure process, the onus of proof are on the party whose
testified against the facts. The party who alleged the breach of the facts have the duty
to present an evidence.
- Rowing v Minister of Pension : The court in this case held that the decision of the
administrator can still be reversed if there was facts to show that the administrator had
misdirected himself on the law or failed to give effect on the onus of proof provided.

(ii) Standard of proof

- The standard of proof work together with the disciplinary matters on the standard civil
procedures are to be proven on the balance of probabilities.
- Hornal v Neuberger Products Ltd : In this case, the court held that the
administrative tribunal must be proven on the balance of probabilities. Lord Denning
further commented that the civil actions are to be proven on the balance of
probabilities and not on beyond reasonable doubt which are on criminal matters.
- The Disciplinary Committee does not provide criminal hearing except for cases on
match fixing and doping.

2. Disciplinary Sanctions in Sports

 The disciplinary sanctions in Malaysia for sports are based on the ordinary remedies
available in breach of contract.
 Pan Wijaya Property Sdn Bhd v BIG Industrial Gas Sdn Bhd : It was held that
the plaintiff shall exhaust the internal appeal procedure before relying on the plea of
frustration.
 The jurisdiction bodies in sports are based on the private relationship. In sports, the
remedies or sanctions available are such as a primacy of damage, monetary
compensation or fine and suspension.
 The Disciplinary Committee may impose any suitable penalties which they see fits
based on the rules and regulations of the sports.
 Article 11 of FIFA Disciplinary Code 2005 : For a natural person such as officials,
players, match officials, and so on, the sanction applicable are the caution, expulsion,
match suspension, ban from dressing rooms and the substitutes’ bench, ban from
entering the stadium and ban from taking part in any football related activity.

(i) Decision and Reasons

- The decision in hearing a case would depends on the urgency of the case. A
sportsperson that was on a game, would usually be give decision of the hearing right
after the hearing or after a short adjournment of the competition.
- Pemungut Hasil Tanah, Daerah Barat Daya, Pulau Pinang v Ong Gaik Kee :

(ii) Validity of the Sanctions

-