THE case against Malaysia by the self-proclaimed heirs of the so-called Sultan of Sulu involving a US$14.9bil (RM66.5bil) award is ongoing, and defending Malaysia’s sovereignty in court through legal means is one part of the battle. The other is to properly understand the arbitral processes and history that lends to the complexity of this case, which is why I am glad that the International Arbitration Colloquium 2023 themed “State Sovereignty and Immunity in Commercial Arbitration” was held on May 9, 2023, in Putrajaya.
This colloquium could not have been more timely. The three sessions explored three critical angles of the case: historical, sovereign immunity, and the arbitral process.