Kota Kinabalu: The effect of the incorrect service of summons on Malaysia is that all subsequent proceedings are null and void, including the 2020 partial award and the Feb 28, 2022 purported final award that would later be rendered by Dr Gonzalo Stampa on the Sulu Arbitration case.
This was expressed online by Alvaro Lopez de Argumedo Pineiro, an international arbitration and litigation partner of International Arbitration and Litigation Group, Uría Menéndez at its Madrid offices that have helped Malaysia against the Sulu Arbitration case.
“This has recently been expressly acknowledged by the Court of Appeal of The Hague in its judgement of June 27, 2023 which read: ‘To recapitulate: the appointment of arbitrator Stampa lapsed as a result of the Madrid court ruling of June 29, 2021, thus rendering him incapable of making a final arbitral award.
