KUALA LUMPUR: Spanish arbitrator Gonzalo Stampa, who controversially ordered Malaysia to pay US$14.92bil to self-proclaimed heirs of the defunct Sulu Sultanate, will face charges in the Madrid Court on Dec 11, says Datuk Seri Azalina Othman Said.
The Minister in the Prime Minister’s Department (Law and Institutional Reforms) said the Madrid Court had carried out its own investigations and filed charges against Stampa and if found guilty, he faces a jail sentence and fine.
"The date for the hearing was set following persistent and aggressive demands by the government of Malaysia. This is not a civil case but Stampa is facing criminal charges.
"This is the main factor that offers consistency in Malaysia’s claim that the award by Stampa as the international arbitrator is an illegal act that is baseless,” she told members of the media via a press conference held online on Thursday (Nov 9).
Azalina is in London to meet lawyers appointed by the Malaysian government to challenge the third phase of the territorial claims by eight Philippine citizens who claim to be the legal heirs of the Sulu Sultanate as well as ensure a comprehensive defeat for the Claimants and their funders.
According to Azalina, the controversial award by Stampa, ordering Malaysia to pay US$14.92bil is seen as "fraud award" because the High Court of Justice of Madrid which had appointed him as arbitrator had. in June 2021, annulled Stampa’s judicial appointment.
"...but despite the decision, Stampa continued to hear the arbitration case although he lacked the authority to act as an arbitrator and should have immediately put an end to the purported arbitration proceedings.
"Stampa then moved his seat of arbitration to Paris in February 2022 where he made the award against Malaysia.
"That is the reason why for the Malaysian government, the criminal case against Stampa on Dec 11 is very important because it can annul all the awards by him," she said.
Azalina added that the Malaysian government will be represented during the proceedings because Malaysia is the complainant.
A guilty finding will assist Malaysia in its claim that the US$14bil award is unlawful.
Malaysia are in the process of annulling the US$14.9bil awarded by Stampa to eight individuals who claimed to be the heirs of the defunct Sulu Sultanate. - Bernama
