[UPDATED] Spanish court rejects Sulu heirs’ appeal

JOHOR BARU – The Spanish Constitutional Court rejected the extraordinary constitutional appeal filed by individuals claiming to be heirs of the now-defunct Sulu Sultanate. 

The appeal was to challenge the annulment concerning the appointment of Gonzalo Stampa as arbitrator in the dispute. 

According to Minister in The Prime Minister’s Department (Law and Institutional Reform) Datuk Seri Azalina Othman, the claimants’ failure in the appeal process would mean that the Spanish Constitutional Court reaffirms Malaysia’s position.

The High Court of Justice of Madrid initially appointed Stampa as an arbitrator for the dispute in 2019, but two years later the same court annulled the appointment which also retroactively invalidated his actions as arbitrator including the preliminary award rendered. 

Azalina explained that the claimants complied with the annulment and took steps to appoint another arbitrator and at the same time filed a constitutional appeal to overturn the annulment. 

“The Spanish Constitutional Court has rejected the constitutional appeal filed by the claimants because they had withdrawn their claim to appoint an arbitrator following the annulment decision and, as a result, they had voluntarily abandoned the proceedings which served as the basis for their constitutional appeal.

“This decision confirms the legal position that Malaysia has asserted since the dispute began, effectively ending the claimants’ judicial strategy in Spain,” Azalina said in a statement today.

Commenting further, Azalina pointed out that Stampa’s annulment as arbitrator resulted in him losing authority to issue awards, but in open defiance nevertheless chose to deliver an illegal final award granting the claimants US$14.92 billion (RM63.36 billion) in compensation for the territory of Sabah. 

The Pengerang MP also said that French courts have stayed the enforcement of Stampa’s final award which was issued in France, pending the outcome of Malaysia’s challenge to set it aside on the grounds that its enforcement may threaten the country’s sovereignty in Sabah. 

“Furthermore, the Luxembourg courts have recently set aside the attachment obtained by the claimants on the basis of Stampa’s two purported awards.

“The Spanish courts have now further confirmed the annulment of Stampa’s unlawful appointment as an arbitrator, finding that he never had any legal authority to act in that capacity nor to issue any awards and that therefore they are null and void.

“The Spanish Constitutional Court’s recent decision vindicates the government’s policy to vigorously defend Malaysia in every court and forum, exercising all its powers, rights and resources to ensure that Malaysia’s interests, sovereign immunity and sovereignty are protected at all times,” Azalina added. – The Vibes, February 2, 2023