SHAH ALAM - Minister in the Prime Minister's Department (Parliament and Law) Datuk Seri Dr Wan Junaidi Tuanku Jaafar said the Paris Court of Appeal has allowed the Malaysian Government's application to suspend the enactment of the Final Award dated Feb 28, 2022 issued by Dr. Gonzalo Stampa.
This due to the claims made by some parties who claim to be heirs and successors-in-interest to Sultan Jamalul Kiram II (Plaintiff) through an international arbitration proceeding in Madrid, Spain (The Claim).
"The basis of the decision of the Paris Court of Appeal is The Final Award will affect the immunity of Malaysia's sovereignty.
"The Suspension Order was the result of various legislation actions from the Malaysian government starting from the Claim is filed to end all claims and ensure that the interests and Malaysia’s sovereignty immunity are always protected and preserved,” he said in a statement.
He said, therefore, the effect of the Suspension Order issued by the Paris Court of Appeal mentioned that the Final Award is not able to be enforced in any country until the decision is made final by the Paris Court following the cancellation of the Final Award application made by the Government of Malaysia.
According to Wan Junaidi, two Petronas subsidiaries in Luxembourg were informed of the enforcement of the Final Award through submission of a notice issued by the Luxembourg Court on July 11 and Petronas as a company will take necessary legislation action to maintain its position under the law.
He also said that the Malaysian government has never recognized such claims and has never abandoned the sovereign immunity as a sovereign state.
"Following that, the Malaysian Government has taken legal action in Madrid, Spain which include making applications for recognition and enforcement of declaration Orders and injunctions for termination arbitration proceedings in Spain which have been issued by Sabah High Court on 14 Jan, 2020 as the application to cancel the appointment of the arbitrator and to set aside the Partial Award on Jurisdiction dated May 25 2020 issued by Dr. Stampa.
"Following the legal actions that have been taken by the Government of Malaysia, High Court of Madrid, Spain, on 29 June 2021, has revoked the appointment of arbitrator Dr. Stampa who decides on all arbitration proceedings and any decision of Dr. Stamps, including the Final Award are invalid, void and cannot be enforced under the law,” he said.
He further added that Dr. Stampa is disrespectful and disregards the decisions of the Courts in Madrid and instead moves the seat of arbitration to Paris.
"On September 29, 2021, the Plaintiffs have obtain an Exequatur Order ex parte from the Tribunal de Grande Instance in Paris, France which has recognized the Partial Award issued on May 25, 2021 and thus allowing Dr.Stampa to move the venue of the arbitration proceedings to Paris.
"The Malaysian Government has challenged the Exequatur Order obtained ex parte and has succeeded in obtaining the Suspension Order dated Dec 16, 2021 from the First President of the Paris Court of Appeal.
Wan Junaidi also said that this means the Plaintiffs are barred from relying on the Exequatur Order obtained on September 29, 2021.
In addition, the criminal proceedings against Dr. Stampa was also filed by the Malaysian Government for the offense of contempt of court in the Crime Court in Madrid.
He also added that the proceedings for the matter are still ongoing.
"Following the success of the Malaysian Government in obtaining the Order Suspension of Final Award on July 12, Malaysian Government is making neat preparations for a hearing for
cancellation of the Final Award for which the date of the hearing has not been set.
"The Malaysian Government will continue to take all measures accordingly including legal action to halt such demands and ensure that interests, Malaysia’s sovereign immunity and sovereignty will always be protected and preserved,” he added.