KUALA LUMPUR – Malaysia will challenge any future “illegal” decision to award anything to the descendants of the now defunct Sulu sultanate, after previously announcing that it does not recognise the claims made in Paris.
This assurance was given by law minister Datuk Seri Wan Junaidi Tuanku Jaafar (Santubong-GPS) to the Dewan Rakyat, vowing that the government will not remain silent on matters that threaten the country’s sovereignty.
His comments were in response to the recent awarding of US$14.92 billion (RM62.59 billion) by Spanish arbitrator Gonzalo Stampa to the Sulu sultanate heirs in an arbitration court in Paris, France.
“We have never taken part in the arbitration proceeding because we stand by our sovereignty immunity. The claimants’ identities are also doubtful and have yet to be verified.
“I would like to stress once again that the government will not keep quiet, and we have taken necessary actions to ensure our sovereignty is not violated.
“The government is aware and prepared to challenge any enforcement action of the illegal final award decision under the New York Convention, at any time and anywhere, to ensure our interests are protected.”
Wan Junaidi was responding to questions by Ahmad Hassan (Papar-Warisan) on the government’s stand on the award issued to the heirs of the Sulu sultanate and whether Malaysia will officially object to the decision.
According to the minister in the prime minister’s department, Malaysia has never recognised the claims made by the claimants, reiterating a statement issued jointly by the Foreign Affairs Ministry and Attorney General’s Chamber on March 2.
Among others, Wan Junaidi said the government had filed an application in the Madrid court in Spain to cease the arbitration process and nullify the then partial award on jurisdiction issued by Stampa on May 25, 2020.
Following this, he pointed out that the Madrid court had invalidated Stampa’s appointment as arbitrator as well as all the decisions made by him on June 29, 2021, before later nullifying his partial award on jurisdiction on October 13.
“However, the claimants had brought their claims to France before October 13 in a bid to bypass the Spanish court's decision.
“On September 29, not knowing the decision of the Spanish court, the French court issued an exequatur order to recognise the partial award.”
As a protest against Stampa’s action to ignore the Madrid court’s decision to nullify his appointment, Wan Junaidi said Malaysia then filed a criminal complaint against the arbitrator to the Spanish attorney-general on December 14, 2021.
Separately, he said the government has filed an appeal to cancel out the exequatur order issued by France, with the appeals court there then on December 16 allowing for the suspension of the order.
Wan Junaidi said despite these decisions, Stampa went ahead to issue the final award to the Sulu sultanate heirs.
“The final award by Stampa, whose appointment was cancelled by the Madrid court on Jun 29, 2021, is invalid and made arbitrarily not based on the law.
“Since his appointment has been cancelled and is no longer valid under the law, the Malaysian government does not recognise the claims and arbitration process.” – The Vibes, March 10, 2022
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