KUCHING: The Paris Court of Appeal has allowed Putrajaya’s application to suspend the ‘Final Award’ issued by Spanish arbitrator Dr Gonzalo Stampa on Feb 28, following allegations by those claiming to be “heirs” and “successors-in-interest” to Sultan Jamalul Kiram II.
Minister in the Prime Minister’s Department (Parliament and Law) Datuk Seri Dr Wan Junaidi Tuanku Jaafar said the appeal court took into consideration that the ‘Final Award’ would compromise Malaysia’s sovereign immunity.
“The suspension order is the result from multiple act of law that was taken by the Malaysian government starting from the claim that was filed to end every claim and ensure that its importance, sovereign immunity and sovereignty are protected,” he said.
He said that due to the suspension order from the Paris Court Of Appeal on July 12, the Final Award could not be enforced in any country until the final decision by the Paris court with the cancellation of the Final Award by the Malaysian government.
On July 11, two Petronas subsidiaries in Luxembourg were informed on the enforcement of Final Award through the notice released by the Luxembourg court.
“The Malaysian government asserts that it has never recognised those claims and has never put aside its sovereign immunity as a sovereign nation.
“That being said, the Malaysian government has taken an act of law in Madrid, including applying for the recognition and the enforcement of injunction and declaration order to stop the arbitration in Spain that was released by the Sabah Higher Court on Jan 14 2020,” said Wan Junaidi.
He said the federal government had challenged the Exequatur order and had also gained the suspension order dated December 16 2021.
“This means that plaintiffs were obstructed from relying on the Exequatur order that was obtained on September 29 2021.
“Contradicting with the order, the plaintiff maintained its position and stance that the Exequatur order was in force and the Final Award has been released at the arbitrary place in Paris,” he said.
Apart from that, the criminal proceedings towards Dr Stampa were also filed by the Malaysian government for contempt of court in the Criminal Court in Madrid. The proceeding for this matter is still ongoing.
He then said that the Malaysian government is currently in preparation for the hearing of the Final Award cancellation in which the hearing date has not been set.
