Kedah FA and FAM should seek OCM Alternate Dispute Resolution Chamber

The ongoing saga between Kedah FA and JDT can be resolved through another process if both parties sit down and discuss things.

With the Football Association of Malaysia being a party to the dispute, the Kedah FA are looking towards taking the matter to the court of law or even internationally to FIFA and the Court of Arbitration for Sports.

This direct route is permissible but very costly and perhaps Kedah FA would want to try another option that is available but not known to many.

For Kedah FA could refer the matter to the Olympic Council of Malaysia who are compelled to act as provided for Article 22 on disputes.

Should Kedah FA refer it to OCM, then the matter could be resolved either through mediation or arbitration, both provided for in the Alternate Dispute Resolution in the OCM Constitution applicable to all sports

For the record, the issue of the two independent Badminton players, Tan Bin Shen;Gan Teik Chai who were prevented from playing in the World Championship was referred to the OCM Alternate Dispute Resolution.

So in the case of the player transfer, Kedah FA or for that matter even FAM can refer the matter to OCM to be determined.

There is no stopping either party from going to CAS after that but the decisions at OCM are binding and there is little chance and lots of costs involved if taken international.

Following in the section of the OCM Constitution that provides an opening for Kedah FA and FAM to get a neutral body to look into the dispute rather then making unwarranted daily statements and accusations against each other,

The question now is will either party be brave to put forward a complaint or will the war of words in the media, be it print, electronics or dovish continue with no end in sight?

ARTICLE  22  : DISPUTES

 

22.1 Any dispute between a Member and OCM, or with another Member of

OCM or between a Member of OCM and any of its member (state or club or individual), shall be resolved amicably in the first instance through the process of ADR, namely, mediation and if amicably resolved at this stage, the matter shall be deemed fully settled with no further recourse.

 

22.2 Only if mediation fails, then such dispute shall be referred to an arbitration tribunal within Malaysia where an arbitrator(s) are appointed with the consent of the parties concerned. After exhausting all avenues of resolution, the matter may be referred to the Minister of Youth and Sports where his decision should be final (Section 24, Sports Development Act). Any international disputes with regards to rules an regulation of sports should be referred to the International Court of Arbitration of Sports (ICAS).

 

22.3 All awards published by the said Tribunals shall be final and binding upon  all parties.

22.4 Any athlete/official/member (state or club or individual) who has any grouse or grievance against the officials of his sports body or his sport body, shall first exhaust all the available internal remedies pursuant to the articles and By-laws of the Constitution of his own sports body and failure to do so shall warrant disciplinary action being taken against him as deemed necessary.

 

 

22.5 OCM shall establish a Complaints Secretariat, to evaluate all written

complaints submitted to it, for further action as deemed justified.