Kuala Lumpur: To protect the sovereignty and interests of Malaysia, the Government has filed an application in the Court of Arbitration in Paris to cancel the Final Award in relation to claims by purported descendants of the Sulu Sultan, said Datuk Seri Ismail Sabri Yaakob.
The Prime Minister said the application in the French court was filed on March 3 to ensure that the award could not be enforced and Malaysia need not have to pay the sum of US$14.9 billion (RM62.59 billion) which was claimed.
He stressed that the claims made by the so-called heirs of the Sulu Sultan against the Government of Malaysia in the international arbitration proceedings were invalid and against the law.
“This is because the appointment of arbitrator Dr Gonzalo Stampa was annulled by the Madrid High Court on June 29, 2021, rendering invalid all decisions made by him, including the Final Award issued on Feb 28, 2022,” he said in a statement, Friday.
The Prime Minister said Dr Stampa, however, ignored the Madrid High Court decision by moving the venue for arbitration to Paris and continuing with the arbitration proceedings until he issued the Final Award.
Ismail Sabri said the Government remains firm in its stand that Sabah has been recognised by the United Nations and the international community as part of the Federation of Malaysia since Sept 16, 1963 and will not entertain any claims over Sabah from any quarters.
“In this regard, the Government of Malaysia remains committed to resolving this issue in a comprehensive and conclusive manner.
“It should be stressed that the Government of Malaysia will not budge even an inch in upholding and defending the country’s sovereignty and that Sabah’s position in Malaysia will be protected forever,” he said.
Malaysia previously rejected the purported final award of US$14.92 billion to be paid to the so-called heirs of the last Sultan of Sulu, Sultan Jamalul Kiram II, saying that it did not participate in the supposed arbitration proceedings that led to the award.
It had said the claim was based on an 1878 agreement between Sultan Mohamet Jamal Al Alam, the Sultan of Sulu at the time with Baron de Overbeck and Alfred Dent that contained no arbitration agreement.
The Kota Kinabalu High Court had in 2020 ruled that Malaysia was the proper venue to resolve disputes arising from the 1878 Deed of Cession and not the Spanish courts, which do not have authority nor jurisdiction over Malaysia.
Furthermore, there was no binding agreement between the government and the sultan’s heirs that compelled either party to submit to arbitration in the event of a dispute, the court ruled.
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