Having gained experience in protecting the rights of esports athletes, we decided to explore the topic more deeply.
We found it particularly interesting to examine research conducted by foreign colleagues and their arguments concerning jurisdictional matters.
This exploration resulted in a chapter of a collective monograph, where we attempted to analyze the nuances of dispute resolution in esports.
The monograph was devoted to the topic: “Law in the postmodern epoch: general characteristics and manifestation particularities in separate law branches.”
Our esports law attorney (Ganna Gnizdovska, PhD in Law) co-authored a chapter with attorney Nataliia Kyryieieva titled: “Dispute Resolution in Esports: Legal Regulation and Jurisdictional Issues”.
KEY TAKEAWAYS:
- Currently, there is no specialized legislation in Ukraine regulating esports;
- In cases involving copyright infringement by game developers, mediation is often applied, while arbitration or court proceedings are used less frequently;
- Anti-doping efforts in the esports sector remain fragmented. Some tournament organizers conduct drug testing and apply anti-doping regulations, but such practices are exceptions rather than the norm;
- The regulation of dispute resolution procedures concerning match-fixing is extremely weak. We found no European country with specific legislation on this issue;
- The Court of Arbitration for Sport (CAS) is not favored by participants in esports-related disputes;
- Preferred forums include arbitral institutions such as JAMS (Judicial Arbitration and Mediation Services, Inc.), the Chambers of Commerce in Switzerland and Stockholm, the International Chamber of Commerce, among others. We also examined the Arbitration Court under the World Esports Association (WESA), though we remain undecided as to whether it could become the esports equivalent of CAS.
We believe this topic requires further in-depth research.
You may read the chapter of the monograph via the following link.