Bahrain Files Esports Dispute to the TAS/CAS

Background of the Controversy

Bahrain’s Abdulaziz Abdullatif Faqeehi had progressed to the second round of the winner’s bracket in the EA Sports FC Online event. He faced South Korea’s Kwak Jun-hyok in a best-of-three format. After winning the first game, losing the second, and emerging victorious in the decider, Faqeehi seemed poised to secure a medal for Bahrain. However, following concerns raised by Kwak regarding the second game, a re-match for the third game was unexpectedly called by the technical official.

The BESF has pinpointed the referee’s absence during this match as the primary cause of the ensuing confusion at the China Hangzhou Esports Center. The federation’s statement elucidated,

“This unexpected turn of events left the Bahrain team profoundly bewildered, as no transparent rationale was provided for this decision.”

Legal Implications

The BESF has emphasized that the decision to have a rematch was in direct violation of the regulations set by both the Asian Esports Federation (AESF) and the Olympic Council of Asia (OCA). Both organizations have since confirmed this breach.

Furthermore, the BESF has raised concerns over the unequal treatment of players during the match. Faqeehi was reportedly isolated, unable to communicate with his manager or coach. In contrast, the South Korean manager had “unrestricted access” to Kwak. The BESF contends that this disparity contributed to Bahrain’s loss, citing the “stress and trauma endured by the player.”

Conflict of Interest Allegations

Adding another layer to the controversy, the BESF has alleged a “conflict of interest.” The technical director overseeing the team was discovered to be of South Korean nationality. This revelation has intensified the BESF’s concerns over the lack of transparency and perceived bias in the proceedings.

The Legal Road Ahead

In light of these events, the BESF has chosen to escalate the matter to the TAS/CAS, seeking justice. The federation’s statement passionately advocates for the

“fundamental principles of fair play, transparency, equitable treatment, and the right to appeal unjust decisions.”

The BESF’s appeal not only seeks justice for the Bahrain team but also underscores the pressing need for a “broader examination of the governance and oversight of esports competitions at the international stage.” The federation believes that such scrutiny is crucial to prevent similar incidents in the future.

The Need for a Dedicated Arbitral Institution for Esports Disputes

As the esports industry continues its meteoric rise, the recent controversy at the Asian Games underscores a pressing concern: the need for a specialized arbitral institution dedicated solely to resolving esports disputes. While the TAS/CAS has long been the go-to for sports-related disputes, there are growing concerns about its suitability for the unique challenges presented by esports.

Esports, with its distinct ecosystem, rapid technological advancements, and unique stakeholder dynamics, presents challenges that are often vastly different from traditional sports. The nuances of digital gameplay, software glitches, and the intricacies of online gaming platforms are just a few examples of issues that may be unfamiliar to arbitrators primarily versed in traditional sports disputes.

Furthermore, the TAS/CAS, with its roots deeply embedded in conventional sports, may not always have arbitrators with the requisite expertise in digital technology and gaming culture. This potential knowledge gap can lead to decisions that may not fully grasp the complexities of the esports world.

The establishment of a dedicated arbitral institution for esports would ensure that disputes are adjudicated by individuals with a deep understanding of the industry. Such an institution could develop its own set of specialized rules and procedures tailored to the unique needs of esports stakeholders. Moreover, it would foster greater trust and confidence among players, teams, and organizers, knowing that their disputes are being handled by experts in the field.

In conclusion, while the TAS/CAS has played a pivotal role in sports arbitration for decades, the evolving landscape of esports necessitates the creation of a dedicated institution. Such a move would not only ensure fair and informed adjudication but also further legitimize esports as a major player in the global sports arena.

Via insidethegames

Image source: Fanny Schertzer – via WikiMedia, CC BY 3.0 DEED