The core values of sports lie in fair play and the spirit of striving for excellence. In today’s thriving sports sector, sports-related disputes are inevitably bound to arise. Co-organised by the Department of Justice (DoJ), AALCO Hong Kong Regional Arbitration Centre (AALCO-HKRAC), eBRAM International Online Dispute Resolution Centre (eBRAM), and Sports Federation & Olympic Committee of Hong Kong, China (SF&OC), the “Resolving Disputes Efficiently for Joint Success: Sports Dispute Resolution Workshop” was held today. The workshop aimed to deepen the understanding of mediation, arbitration, and the “Pilot Scheme on Sports Dispute Resolution” among representatives of National Sports Associations (NSAs), athletes, and other participants. The event received the full support of Culture, Sports and Tourism Bureau, China Hong Kong Paralympic Committee, the Hong Kong Bar Association, The Law Society of Hong Kong, and Hong Kong Sports Institute.
In his opening remarks, Dr the Hon. Cheung Kwok-kwan, SBS, JP, Deputy Secretary for Justice of the HKSAR Government, pointed out that the Pilot Scheme on Sports Dispute Resolution safeguards fairness in sports through mediation and arbitration. He also shared the encouraging news that the Pilot Scheme has successfully resolved its first case.
Mr. LAU Chun, Raistlin, JP, The Under Secretary for Culture, Sports and Tourism pointed out that sports-related commercial activities in Hong Kong continue to grow. According to data from the Census and Statistics Department of the Hong Kong Government, the value added of sports and related activities in Hong Kong in 2023 was HK$44 billion. Therefore, the support of the sports sector is essential, and the Government will continue to work closely with various National Sports Associations and the Olympic Committee to promote sports development and sports dispute resolution.
Dr The Hon. Kenneth Fok Kai-kong, BBS, JP, Vice President of SF&OC, Chairman of the Hong Kong Olympic Academy, and Member of the Legislative Council of the HKSAR, shared that we often mention the need for cross-sector collaboration in the sports industry. Today’s Sports Dispute Resolution Workshop perfectly exemplifies how the legal sector, the sports community, and the Government are working hand in hand to drive development. Sports is not just about competition; it also encompasses education, culture, and cohesion, which is why we must strive to support sports development.
The organisers also expressed their gratitude to Mr Clifford Joseph Tavares, the Deputy Law Officer (Civil Law), Department of Justice; Mr Hew Yang-Wahn, Chairperson of the Sport LawCommittee, Hong Kong Bar Association; Mr Amirali Nasir, MH, JP, Vice-President of the Law Society of Hong Kong; Ms Emily Mak, Associate Director, High Performance Management Division, Hong Kong Sports Institute; and Ms Elaine Wu, Executive Director, China Hong Kong Paralympic Committee, for their presence and support.
To help participants understand how to resolve sports disputes through mediation, a short drama demonstration was specially prepared to simulate how conflicts can be resolved step-by-step under the framework of the Pilot Scheme on Sports Dispute Resolution. The drama featured Prof Christopher To, Chartered Arbitrator, Accredited Mediator, Barrister, Adjunct Professor, and Mediator of the Court of Arbitration for Sport (CAS), acting as the mediator, with narration by Mr Tony Ko, Barrister and Mediator/Arbitrator under the Pilot Scheme. The disputing parties were played by Ms Chan Ho-ling, MH, gold medallist in the Women’s Squash Team event at the 18th Asian Games and AALCO Sports Associate Mediator, and Ms Chan Hau-yan, Coach of the Hong Kong Karate Federation, former elite karate athlete, and AALCO Sports Associate Mediator. The drama lively and engagingly demonstrated how mediation can break deadlocks and transform confrontational relationships into mutual understanding and win-win consensus, allowing the audience to experience the unique charm of mediation in resolving disputes amicably and efficiently.
During the introduction session of the Pilot Scheme, Prof the Hon. Nick Chan Hiu-fung, BBS, MH, JP, Director of AALCO-HKRAC, Deputy to the National People’s Congress, and Member of the Legislative Council of the HKSAR, provided an overview of the basic concepts of mediation and arbitration, introduced the Pilot Scheme and the model dispute resolution clauses, and shared successful real-life case studies of resolved sports disputes. Beyond physical mediation and arbitration, the application of technology is also indispensable in modern dispute resolution. Mr Ronald Shum Kwan-ngai, JP, Vice Chairman of eBRAM and Council Member and Chairman of the Sports Law Committee of The Law Society of Hong Kong, introduced the Online Dispute Resolution (ODR) platform, demonstrating how technology makes the dispute resolution process faster and more convenient.
After learning about the theory and platform operations, the first-hand sharing from sports associations and athletes was highly anticipated by the participants. Moderated by Mr Dennis Cai Wei-ping, Deputy Director of AALCO-HKRAC, the session featured Mr Caspar Tsui Vice- Chairman of the Hong Kong Football Association, and Mr Lee Chun-ho, former elite karate athlete, member of the Olympic Council of Asia Athletes’ Committee, and AALCO Sports Associate Mediator. They shared the challenges athletes and sports associations might face in resolving disputes without the Pilot Scheme, and discussed the concrete benefits of adopting the Pilot Scheme and incorporating the model clauses.
The Pilot Scheme on Sports Dispute Resolution marks a significant milestone in cross-sector collaboration between Hong Kong’s sports and legal communities. Supported by government funding, professional administrative bodies, an advanced online platform, and a panel of mediation and arbitration experts with international perspectives, the Pilot Scheme builds a solid bridge for the sports community. Looking ahead, it is hoped that more National Sports Associations will incorporate the model clauses into their constitutions and contracts to prevent disputes before they arise. Let us work hand in hand to resolve disputes in a fairer, more efficient, and more harmonious manner, jointly promoting the prosperous development of Hong Kong’s sports industry and striving for joint success on the international stage!
