Are esports ‘sports’ enough? Bahrain dispute raises questions about CAS’ jurisdiction

According to a recent article, the Bahrain Esports Federation (“BESF”) has filed an appeal before the Court of Arbitration for Sport (“CAS”) against a refereeing decision before the CAS.¹

The problem with this? This is the first esports dispute that has been brought before CAS² and currently, it is not clear whether CAS will consider itself as a proper forum to hear these disputes.

Possibility of esports disputes being addressed by the CAS surely hinges first and foremost on the existence of a valid arbitration agreement contained in a separate contract between the parties or in the relevant sporting regulations in accordance with Article R27 of the CAS Code of Sports-related Arbitration (“CAS Code”). There is an abundant case law supporting and explaining the requirement of an arbitration agreement.³

The central point of debate regarding the CAS jurisdiction in esports disputes is linked to the same Article R27 of the CAS Code, which further stipulates that the CAS can decide only those disputes that are related to sport. Therefore, question of CAS jurisdiction in esports disputes ushers to a good-old debate whether esports is a sport.

However, this article will scrutinize this question from the perspective of the CAS – examining whether the CAS considers (or should/can consider) esports as a sport and consequently entertain the esports disputes taking the CAS Code into account. In this regard, facts of the recent esports case can give us a good insight into the particularities of an esports dispute.

The article looks at: