The Rise of Sports Law

The last decade has seen an unusual evolution of Sports Law. Just as the world is currently engulfed by the Covid-19 pandemic, one particular modern-day sport allows its athletes to compete in the world arena from the comfort of their own homes.

The rise of e-Sports has generated thousands of fans who crowd stadiums, where a large screen displays the ‘gamers’ competing professionally with other participants from around the world. Unbeknownst to many, these professional gamers undergo countless hours of training, both physical and mental, to reach the top of the rank. 

E-Sports in Malaysia

E-Sports in Malaysia, regulated by the Malaysia Esports Federation, has already reached the highest echelons in terms of salary earnings, running into the millions for each tournament, whilst the sport itself still remains in its infancy.

Although to some, 2020 was an annus horribilis as a result of the pandemic, many have taken the opportunity to promulgate e-Sports as a hobby, and some even competitively. One could only suppose that e-Sports took the front seat in terms of the most played sport in the last year. In USA, ivy league institutions have begun to offer scholarships to e-Sports athletes. 

However, the governance of e-Sports is a huge concern amongst the regulators, who find it an onerous task to ensure that fair play is observed.

The increasing amounts of money invested in sport has caused the need for technological sophistication, as one decision of injustice on the playing field could cause a rippling effect in terms of financial consequences for a club or a player. It is arguably the predominant reason for the implementation of the Video Assistant Referee (VAR) in football in 2020, which on its own, has made several result-defining decisions.

The vast amounts of investment made in the sport has seen international federations leaning towards minimising the possibility of ‘human error’. Consequently, these large investments and the financial implications from a sporting result calls for a need of a more legalistic and professional method to determine sporting disputes that may arise either through a breach of the sporting contract or a disciplinary issue involving a particular athlete. 

There is no doubt that a change with the times is more inherent than ever before.

To Infinity, And Beyond

The introduction of Sports Law is still in its infancy, especially in Malaysia. Nevertheless, it is wide-ranging; from the regulation of sports which essentially governs disputes such as doping and match-fixing, to the contractual area of sports law, which includes issues arising from a player’s contract or a sponsorship deal. As the stakes get higher, the need for athletes under immense pressure to “win at all cost” becomes more imminent.

Similarly, the want for watertight agreements executed between the athletes and their respective sporting federations becomes fundamental. 

The evolution of sport is a game-changer for sporting disputes, as the need for more advanced technology and financial regulations become essential in ensuring that the integrity of the sport is upheld and remains consistent.

“The stakes in world of sport have never been higher and they seem to go on and on rising” – Beloff et al, ‘Sports Law’ (1999)