Sulu case: Dutch court expected to deliver decision on June 27, says PM

KUALA LUMPUR: Malaysia is awaiting another important decision related to the Sulu claimants case, which is expected to be delivered by a Dutch court on June 27, says Prime Minister Datuk Seri Anwar Ibrahim.

“Malaysia will continue all efforts to defend the sovereignty rights of the country in all related jurisdictions including the Netherlands, France, Luxembourg and other jurisdictions where there( are moves to get) the Final Award recognised and enforced,” Anwar said during a special briefing on the Sulu claimants case in the Dewan Rakyat on Wednesday (June 14).

“Therefore, the government is waiting for another important decision in the Dutch Court of Appeal related to the applicant's claim to recognise and enforce the Final Award in the Netherlands which is expected to be delivered on June 27, 2023,” he added.

Malaysia has also submitted its defence that the purported Sulu heirs ’ application for recognition and enforcement of an arbitral award of US$14.9bil (RM62.59bil) in February last year was null and void.

On April 19, the Sulu secretariat said the Hague Court of Appeal has heard the application brought by the Sulu claimants in the Netherlands. The court heard submissions from both parties during a proceeding held on April 17.

Malaysia had also successfully set aside the Paris Arbitration Court's purported award of US$14.94bil to the self-claimed heirs of the defunct Sulu Sultanate on June 6.

Calling it a landmark decision, Anwar said the ruling was “final and binding.”

Although the French arbitration court’s decision was in favour of Malaysia, Anwar said the government had received information that the claimants will continue their “tactics” by seeking recognition of the Final Award in other countries.

In saying that, Anwar noted that this was an abuse and breach of the mechanism and processes of arbitration and the courts which are internationally recognised.

He also reiterated the government’s stance that the controversial Spanish arbitrator Gonzalo Stampa, did not have the power to issue any final awards as his appointment had been rescinded by the Spanish courts on June 29, 2021.

Stampa had ordered Malaysia to pay US$14.92bil to the self-claimed heirs of the defunct Sulu Sultanate.

He then moved his seat of Arbitration to Paris in February 2022 where he made the award against Malaysia.

Stampa is also facing criminal charges for going against a Madrid court decision to annul the case.

It was reported earlier this month that authorities in Madrid probed Stampa in February over his decision to continue hearing the Sulu arbitration even after his appointment was rescinded by the Spanish courts.

Anwar said Malaysia has also filed its argument and is waiting for the court’s decision.

Anwar said Malaysia will also take legal action to challenge and cancel the Exequatur order in Luxembourg.

“On that note, Malaysia is waiting for further instruction from the Luxembourg Court,” he said.

“The Malaysian Government would like to emphasis that all award issued by Dr Stampa which has violated the principle of international public policy, especially if it involves diplomatic immunity, jurisdictional immunity and sovereignty,” he said.

Malaysia, he said, will continue to object to any third-party litigation funders who continue to support the Sulu heirs' claims.

“The Malaysian Government will not compromise the country’s sovereignty and security which also includes protecting the country’s assets from external threats,” he said.

The Tambun MP said the government will not hesitate to take legal action on those who jeopardise national security by supporting, colluding or helping the claimants whether directly or indirectly.

“Nevertheless, the Malaysian Government would like to assure that any action taken will be based on the law and there will be no oppression to any parties,” he added.