Spanish court rejects Sulu ‘heirs’ appeal against annulled arbitrator

The Spanish Constitutional Court has rejected the appeal filed by the claimants who claim to be "descendants" of Sultan Jamalul Kiram II, the last Sulu sultan, against the nullification of the appointment of Gonzalo Stampa as their arbitrator.

In a statement today, Law and Institutional Reform Minister Azalina Said Othman (above) said that the government received official confirmation about the appeal’s rejection from the Spanish court.

She added that the court also confirmed with the government about the annulment of Stampa's appointment who was working in favour of the Sulus.

“The Spanish Constitutional Court has rejected the constitutional appeal filed by the claimants because they had withdrawn their claim to appoint an arbitrator following the annulment and, as a result, they had voluntarily abandoned the proceedings which served as the basis for their constitutional appeal.

“This decision confirms the legal position that Malaysia has asserted since the dispute began, effectively ending the claimants’ judicial strategy in Spain,” the minister said.

It was also stated that Stampa was under investigation by Spanish prosecutors for alleged contempt of court orders in both Spain and France.

This decision came after Stampa was annulled as an arbitrator by the High Court of Justice of Madrid (HCJM) on June 29, 2021.

The HCJM was the Spanish court that had initially appointed Stampa in 2019 without hearing Malaysia following invalid service.

Despite this, Stampa still issued a ‘final award’ of US$14.92 billion (about RM63 billion) to the claimants on March 1, 2022 in an arbitration court in Paris, France.

Armed with the award, the claimants then attempted to seize Petronas Azerbaijan (Shah Deniz) and Petronas South Caucasus through the Luxembourg legal system.

The two companies are purportedly worth US$2 billion.

According to the HCJM and the Spanish Constitutional Court, Stampa never had any legal authority to act in that capacity nor to issue any awards.

On July 12, 2022, the Paris Court of Appeal in France allowed Malaysia’s application to stay the enforcement of the final award.

Furthermore, the District Court of Luxembourg agreed to set aside an order that allowed the purported heirs to seize Malaysian assets after they voluntarily omitted to reveal their real addresses.

“This recent decision of the Spanish court vindicates the government’s policy to vigorously defend Malaysia in every court and forum.

“Exercising all its (the government’s) powers, rights and resources to ensure that Malaysia’s interests, sovereign immunity and sovereignty are protected at all times,” Azalina said.

Sulu 'heirs' displayed 'deceitful' behaviour in Petronas case - law minister

Sulu claim: No way Sabah will ever be handed to Philippines - Wan Junaidi

Sabah ministers sue Thomas for ‘botching’ Sulu heir claims - report

Petronas to fight Sulu sultan heirs' claims on its assets

Wan Junaidi: M'sia to counter Sulu heirs' bid to seize assets in Netherlands

Sulu heirs press US$15b claim, target M'sian assets in Netherlands