Fuad is urging Putrajaya to go after Stampa besides the so-called heirs to the defunct Sulu sultanate.
KOTA KINABALU: Malaysia should not stop at suing the self-proclaimed heirs of the Sulu sultanate for damages but also take controversial Spanish arbitrator Dr Gonzalo Stampa to court, says a Sabah lawyer.
Tengku Datuk Fuad Tengku Ahmad suggested that Putrajaya should pursue legal action against Stampa who had awarded a so-called "final award" of US$14.94bil (RM68.8bil) to eight Filipinos claiming to be heirs of the sultanate on Feb 28, 2022.
He said Minister in the Prime Minister's Department (Law and Institutional Reforms) Datuk Seri Azalina Othman Said had previously stressed that Malaysia would summon and hold to account the so-called heirs for the legal cost and reputational damage, among others, caused to the country.
"Then, I am also of the view that we should summon Stampa because there is enough evidence to indicate that he acted beyond his appointment as an arbitrator" he said on the sidelines of the International Arbitration Colloquium 2023 at the Sabah International Convention Centre here on Tuesday (July 4).
"In fact, he issued the final award when in fact he had no authority to do so, which means he can be held liable and not be subject to arbitrator's immunity.
"Normally, arbitrators are immune from civil or criminal suits while undertaking their duties as arbitrators but in this case, there's enough evidence to show he was not an arbitrator when he issued the award," he added.
Fuad said the wrongful act by Stampa has cost Malaysia some RM30mil just on foreign lawyers.
"I think Stampa should be held to account to at least pay back the Malaysian taxpayers for that amount.
"Let him worry about the enforcement and recognition of the Malaysian judgment. Wherever he goes, there's nothing to stop the Malaysian judgment going to and being enforced in Spain, we have the ability to do that," he said.
In 2019, the Sulu claimants took the matter to the Spanish arbitrator to seek compensation for land in Sabah, which was allegedly leased by their ancestors to a British trading company in 1878.
Stampa, who was appointed by the Sulu claimants, had on Feb 28, 2022, decided in their favour and the final award of US$14.94bil despite the prior annulment of his appointment as an arbitrator by the Spanish court.
The group then brought the case to the Paris Court. However, the Paris Court of Appeal, on March 14, 2023, upheld the suspension order obtained by Malaysia against the enforcement of the final award.
On June 27, the Court of Appeal in the Hague, the Netherlands, decided in favour of Malaysia on the compensation claims by the eight against the country.
This was Malaysia's third successful bid at thwarting attempts by the claimants seeking compensation against Malaysia since 2019.
Azalina, in her speech earlier, said Stampa had been indicted in Spain for contempt of court and "unqualified professional practices" following his blatant disregard of the Madrid Court's order which annulled his appointment as an arbitrator in this proceedings.
She added the Criminal Investigation Court had decided to proceed with the oral trial stage against the rogue arbitrator, Stampa, which would be tried before the Madrid Criminal Court.
