Malaysia

Sulu claim an attempt by funders to make a buck, says Azalina

Law minister vows govt will pull out all stops to defend M’sian sovereignty

Updated 3 years ago · Published on 07 Jun 2023 7:02PM

Sulu claim an attempt by funders to make a buck, says Azalina
Datuk Seri Azalina Othman Said says the territorial claim involving Sabah made by the purported heirs of the Sulu sultanate is funded by litigation funders not based in Asia. – Bernama pic, June 7, 2023

KUALA LUMPUR – The government will not hesitate to take any form of action to defend the country’s sovereignty in its legal battle with the purported heirs of the Sulu sultanate, including suing the eight Filipino claimants and their funder.

The government will also ensure the parties concerned pay all costs incurred by Malaysia as a result of the territorial claim related to Sabah, said minister in the Prime Minister’s Department Datuk Seri Azalina Othman Said. 

Azalina, who is in charge of law and institutional reforms, said the government has reason to believe that the claim was financially motivated and funded by litigation funders not based in Asia.

She said the move was aimed at making profit as the funders would take a 25-30% cut from any amount awarded. “And that is why I want to issue a reminder that this is a very serious attack against the country’s sovereignty,” she added.

“It is not seen from an element involving arms, but an element to bankrupt Malaysia with an award amounting to US$15 billion (RM68.9 billion),” she told the media at the World Trade Centre here today.  

Azalina said Malaysia would fully oppose any movement and action seen as taking advantage of the situation and not compliant with international legal procedures. 

She said the government has identified the litigation funder, which she added is a well-known company based out of Asia. Further action is being taken regarding the matter, Azalina said. 

On the Paris Court of Appeal’s decision yesterday to uphold Malaysia’s challenge against an arbitration award granted in favour of the purported heirs, Azalina said although it was a “partial award”, it was still important considering that the French judge referred to the most important essence of why Malaysia opposed the claim.

“The Malaysian government has been very consistent in saying that the 1878 agreement does not exist in international arbitration…,” she said, referring to an alleged deal made by a British trading company to lease Sabah to the ancestors of the purported heirs.

She added that Malaysia had ceased paying cession money to heirs of the Sulu sultanate due to the violence in Lahad Datu in 2013.

“If the violence had not happened, the payments might have continued. This shows that the facts presented by Malaysia are very consistent. The decision of the French court confirms that the arbitration clause does not actually exist,” she said.

The Paris Court of Appeal yesterday upheld Malaysia’s challenge against the partial award rendered on May 25, 2020 by Spanish arbitrator Gonzalo Stampa in the case filed by eight citizens of the Philippines, who are purported heirs of the long-defunct Sulu sultanate.

The group was reported to have taken legal action in the Spanish court to seek compensation for land in Sabah, which was allegedly leased by their ancestors to a British trading company in 1878.

They then took the matter to the purported arbitrator in 2019 and Stampa, who was appointed by the group of individuals, decided in their favour.

The arbitrator had issued a final award of US$14.9 billion against Malaysia and the nation had used all legal remedies to annul the award given by Stampa to claimants in courts in Spain, France, Luxembourg, and the Netherlands.

On March 14 this year, the Paris Court of Appeal upheld the stay order obtained by the Malaysian government in France on July 12, 2022, against the enforcement of the award.

Therefore, the suspension order obtained by Malaysia regarding the enforcement of the award is maintained. – Bernama, June 7, 2023

Related News

Malaysia / 2y

Dewan Rakyat suspends Wan Fayhsal for 6 months

Malaysia / 2y

Azalina claims certain bids to disrupt criminal proceedings against Stampa

Malaysia / 2y

Opposition MP support for Anwar doesn’t violate anti-party hopping act, says Azalina

Malaysia / 2y

Legislation in 2024 to be people-centric, says Azalina

Malaysia / 2y

Human rights milestone as apex court commutes death, natural life sentences of 11 inmates

Malaysia / 2y

[UPDATED] Sulu case: Spanish arbitrator to face criminal charges at Madrid court in Dec

Spotlight

Malaysia

Man kidnapped, tortured, and killed following misunderstanding

Malaysia

'I will never forget taxi drivers who backed me in my hardest times' - PM Anwar

Malaysia

Najib fails to secure stay of 15-year jail term, RM11.38b fine in 1MDB case

Malaysia

Ivana Smit’s mother considers Federal Court appeal after RM1.1m award overturned

Education

Schools in Negeri Sembilan, Melaka to reopen tomorrow as haze conditions improve

Malaysia

Zara Qairina inquest: Investigating officer says final findings showed no suspicious circumstances

Malaysia

Man jailed 8½ years for abusing three-year-old boy, forcing the child to eat faeces

World

Pope Leo XIV diagnosed with lung cancer after successful surgery

Malaysia

More than 3,000 Myanmar refugees set for repatriation after Malaysia secures breakthrough

You may be interested

Malaysia

Malaysia records 4,289 bullying cases, RM15m CCTV rollout to cover 1,000 schools in 2027

Malaysia

Three teenagers injured by electric shock during temple procession in Alor Setar

Malaysia

Johor, Sarawak top unhealthy air readings as 20 stations breach threshold

Malaysia

Malaysians warned against carrying strangers’ belongings overseas after Tokyo drug arrests

Malaysia

Jelebu chieftain’s installation takes place at Istana Besar Seri Menanti today

By Alfian Z.M. Tahir

Malaysia

Teacher denies negligence charges over fatal school SUV crash in Kota Bharu

Malaysia

Foreign spouses do not automatically qualify as Bumiputera, says Saifuddin

By Alfian Z.M. Tahir

Malaysia

Tun Mahathir’s health improves, but not ready to leave hospital