KUALA LUMPUR, July 13 — The Paris Court of Appeal in France on Tuesday (July 12) allowed the Malaysian government’s application to stay the enforcement of the Final Award on claims by parties 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 basis of the Paris Court of Appeal’s decision was that the Final Award dated Feb 28, 2022 issued by arbitrator Dr Gonzalo Stampa through an international arbitration proceeding in Madrid, Spain, would affect the immunity of Malaysia’s sovereignty.
“The (granting of the) suspension order is the result of various legal actions taken by the Malaysian government starting from the application filed to cancel all claims and ensure that Malaysia’s interests, sovereignty immunity and sovereignty are always protected and preserved.
“Therefore, as a result of the suspension order granted by the Paris Court of Appeal on July 12, 2022, the Final Award cannot be enforced in any country until a final decision by the Paris Court regarding the Malaysian government’s application for cancellation of the Final Award,” he said in a statement today.
Following the success of the Malaysian government in obtaining the Final Award Suspension Order, Malaysia is making thorough preparations for a hearing to cancel the Final Award — for which a hearing date has not been set.
Wan Junaidi said the Malaysian government would continue to take all appropriate measures including legal action to terminate all such claims and ensure the interests, sovereignty immunity and sovereignty of the country were protected and preserved.
He said the Malaysian government emphasised that it has never recognised the claims and has never waived its immunity as a sovereign nation.
The Financial Times yesterday reported that the assets of two Petronas subsidiaries in Azerbaijan were seized by bailiffs for the heirs of the now-defunct Sulu sultanate, who were claiming US$14.92 billion (RM62.59 billion) from Malaysia.
Lawyers for the plaintiffs reportedly seized Petronas’ assets registered in Luxembourg, namely Petronas Azerbaijan (Shah Deniz) and Petronas South Caucasus, with a reported value of over US$2 billion (RM8.8 billion).
Wan Junaidi said that on July 11, two Petronas subsidiaries in Luxembourg had been informed of the enforcement of the Final Award through the submission of a notice issued by the Luxembourg Court.
He said Petronas as a company would take the necessary legal action to defend its position under the law.
