PETALING JAYA: The Sulu claimants’ bid to enforce the purported US$14.9bil (RM67.14bil) final award has been dismissed by the Paris Court of Appeal.
The government’s special secretariat to tackle the Sulu Sultanate’s claims against the Malaysian government said the Paris Court of Appeal had decided on Tuesday that the challenge filed by the Sulu claimants was inadmissible.
The decision means that the stay obtained by Malaysia on July 12 last year to stop the Sulu claimants from enforcing the disputed US$14.9bil arbitration win remains.
“Malaysia wishes to note that the stay order granted on July 12, 2022, is an exceptional decision and serves to reinforce Malaysia’s position that the purported commercial arbitration instituted by the Sulu claimants is without legitimate basis and does affect Malaysia’s territorial sovereignty.
“Malaysia will continue to defend itself robustly in all legal fora against all forms of lawfare instituted by her adversaries,” said the committee in a statement yesterday.
In February last year, the Paris Court of Arbitration through arbitrator Gonzalo Stampa ordered Malaysia to pay US$14.9bil to the self-proclaimed heirs of the Sulu Sultanate. Stampa, who was stopped by Spanish courts from hearing the case, had moved the arbitration to Paris to make his decision in Paris.
However, Malaysia managed to obtain a stay order on Stampa’s controversial award from French courts after filing a request for a stay of the enforcement of the purported final award in April 2022.
Subsequently, on July 12, 2022, the pre-trial judge of the Paris Court of Appeal ordered the unconditional stay of enforcement in France of the purported final award pending the decision of the Paris Court of Appeal on the set-aside proceedings, on the ground that it will likely affect Malaysia’s territorial sovereignty.
On July 27, 2022, the Sulu claimants filed a challenge against the stay order, to which the hearing on the merits was held on Jan 16, 2023.
