The case revolves around a dispute between Pg. Mohammed Nasir Pg. Anak Jaafar, an equestrian athlete from Brunei, and the Brunei Darussalam National Olympic Council (BDNOC) concerning his eligibility to participate in the XVII Asian Games in Incheon, Korea, in 2014. The conflict arose when the High Level Evaluation and Selection Committee of National Athletes of Brunei disqualified Pg. Nasir, citing that his fitness test results were submitted after the deadline of 15 August 2014. However, Pg. Nasir claimed he was informed by the Ministry of Culture, Youth & Sports that the deadline was 31 August 2014. The Committee maintained that the late submission prevented his registration from being forwarded to the Incheon Asian Games Organizing Committee (IAGOC). Despite appeals to the Brunei Equine Association (BEA) and the Ministry, the BDNOC upheld its decision, supported by the Fédération Equestre Internationale (FEI) and IAGOC, which affirmed the BDNOC's authority over athlete entries under Olympic Council of Asia (OCA) rules.
Pg. Nasir subsequently filed an appeal with the Court of Arbitration for Sport (CAS) ad hoc Division for the Asian Games, arguing his disqualification was unjust and that the deadline was negligently communicated. The CAS ad hoc Division examined its jurisdiction under the CAS Arbitration Rules for the XVII Asian Games, which required disputes to arise in the host country (Korea) during the Games period (19 September to 4 October 2014). The Panel, composed of arbitrators from China, Korea, and Malaysia, determined that the dispute originated from a decision made by the BDNOC in Brunei, outside the host country and before the Games' timeframe. Thus, it ruled that it lacked jurisdiction under Article 1 of the CAS Ad Hoc Rules, as the dispute did not meet the necessary criteria.
Additionally, the Panel considered whether the CAS in Lausanne could have jurisdiction under the CAS Code of Sports-related Arbitration. While the BDNOC's constitution allowed appeals to the CAS within 21 days of receiving a decision, Pg. Nasir's appeal was filed after this deadline. The decision in question was dated 20 August 2014 and received by Pg. Nasir by 22 August 2014 at the latest, making the appeal deadline 11 or 12 September 2014. However, Pg. Nasir filed his appeal electronically on 16 September 2014, rendering it manifestly late and inadmissible. Consequently, the CAS ad hoc Division dismissed the application, emphasizing the strict adherence to procedural timelines in sports-related disputes. The case underscores the importance of meeting jurisdictional and procedural requirements in such appeals.