Prime Minister Anwar Ibrahim declared that Malaysia anticipates decisions from the Dutch and Luxembourg courts concerning the so-called Sulu claimants’ push to impose an illegal arbitration award, known as the ‘Final Award,’ totalling $14.9 billion. He stated this whilst addressing the Dewan Rakyat.
Anwar underscored that the Dutch Court of Appeal would announce its verdict on the ‘Final Award’s’ enforceability on June 27. This comes in the wake of Malaysia’s significant triumph at the Paris Court of Appeal on June 6, where the country’s objection against Gonzalo Stampa’s 2020 ‘partial award’ was upheld. The claimants had later aimed to implement the ‘Final Award’ that Stampa had awarded in France.
Malaysia, Anwar said, will persist in safeguarding its sovereignty in all jurisdictions where the ‘Final Award’ is sought to be acknowledged and enforced, including the Netherlands, France, and Luxembourg. Despite the June 6 ruling favouring Malaysia, the government has been notified of the claimants’ intent to persist in their enforcement strategies in other countries.
This manoeuvre, according to Anwar, constitutes an international court and arbitration process abuse. Anwar reaffirmed that Stampa lacked the authority to award any damages as the Madrid Superior Court of Justice had revoked his arbitrator role in June 2021.
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In his assertion, Anwar stated that Stampa’s awards violate international public policy, particularly as they contravene diplomatic immunity, jurisdictional immunity, and sovereignty norms. He further disclosed the claimants’ attempt to impose the ‘Final Award’ in Luxembourg, which Malaysia has disputed in court, is pending Luxembourgian court instructions.
Anwar reiterated that the government won’t shy away from taking legal action against anyone, including citizens who act against national interests by supporting the claimants directly or indirectly. He expressed the Malaysian government’s commitment to actively resolve this issue whilst preserving national sovereignty.
The Sulu claimants, since 2020, have tried to confiscate Malaysian assets to enforce their $14.92 billion award. However, Malaysia has counteracted through court proceedings. Eight Philippine citizens, claiming to be Sulu sultanate’s heirs, initiated arbitration in Spain seeking billions from Malaysia over Sabah.
In March 2019, a Madrid court appointed Stampa as the Sulu claimants’ arbitrator, only to annul this appointment in June 2021. Stampa, undeterred by Spain’s cancellation, shifted the arbitration venue to France and issued the ‘Final Award’ in February 2022, instructing Malaysia to pay $14.9 billion to the Sulu claimants.
This news is based on the Malay Mail article.
