The panel of Asia ADR Week 2026, held on October 14 at the Asian International Arbitration Centre (AIAC), examined how arbitration can address selection and eligibility disputes in sports, emphasising the need for specialised expertise, procedural fairness and swift remedies to protect athletes’ careers.
Titled “Selection and Eligibility Disputes in Sports: Asia’s Answer to a Global Problem,” the session brought together Richard Wee of Richard Wee Chambers as moderator, Foo Yuet Min of Drew & Napier LLC, Dato’ M. Rajasekaran of Rajasekaran, and Arturo Galván Tomillo of the Asian Football Confederation (AFC).
The discussion explored the diverse disputes that arise in competitive sports, ranging from disagreements over ranking points, qualifying standards and selection criteria to nationality, residency, age, gender eligibility and classification requirements. The panellists highlighted how such disputes can arise when selection policies are inconsistently applied, unpublished criteria are introduced, or sporting bodies exercise their discretion unfairly.
Dato’ M. Rajasekaran highlighted the distinction between the role of a sports selector and that of an arbitrator, emphasising that arbitral intervention should focus on whether the decision-making process was fair, consistent and procedurally sound, rather than substituting an arbitrator’s sporting judgment for that of the relevant selection authority.
He identified three broad categories of disputes commonly arising in sports: objective qualification disputes involving rankings, timings or prescribed standards; disputes concerning the application of subjective selection criteria, including current form and tactical considerations; and eligibility-related disputes involving nationality, residency, age, gender, suspension or classification requirements.
The discussion also highlighted the importance of appointing arbitrators who understand the relevant sport, its regulatory framework and the practical implications of their decisions. Panellists considered how specialised expertise can help arbitrators distinguish between legitimate sporting discretion and decisions affected by procedural irregularities or inconsistent application of rules.
Arturo Galván Tomillo drew on his experience in international football regulation to discuss the relationship between sporting rules, players’ contractual rights and selection decisions. Representing the AFC, he discussed the regulatory framework governing football and the importance of understanding the relationship between the rules of international sporting federations and the procedures available for resolving disputes.
He emphasised the specialised nature of football-related disputes and the need for decision-makers to be familiar with the applicable sporting regulations and institutional structures.
Foo Yuet Min addressed the particular difficulties athletes face when disputes remain unresolved for extended periods. Unlike conventional commercial disputes, sports disputes frequently arise against fixed competition schedules, leaving little room for lengthy proceedings.
The discussion explored how delays can affect an athlete’s opportunity to compete, particularly given the relatively short duration of professional sporting careers. The potential consequences for sponsorship arrangements, funding and future opportunities were also considered.
The role of mediation and other consensual dispute resolution mechanisms was examined as a means of addressing certain disputes more efficiently, while recognising that urgent cases may require binding decisions.
A central theme of the discussion was the need for speed and specialised decision-making in sports arbitration. Unlike many commercial disputes, selection and eligibility challenges may arise shortly before a major competition, leaving little time for conventional proceedings. A delayed decision may deprive an athlete of the opportunity to participate in a particular tournament, even if the underlying decision is subsequently overturned.
The panellists also discussed the role of the Court of Arbitration for Sport and the potential of regional mechanisms to provide accessible and time-sensitive remedies. The session highlighted the AIAC’s Asian Sports Arbitration Rules 2026, which are designed to address the distinctive requirements of sports-related disputes, including the need for expedited proceedings.
The session concluded by bringing attention to an increasingly significant area of dispute resolution and the role that specialised regional arbitration mechanisms can play in supporting athletes, sporting bodies and the wider sports ecosystem.