KOTA KINABALU: Malaysia has maintained its sovereign immunity in its legal fight against the self-proclaimed heirs of the Sulu sultanate in the European arbitration courts, says Datuk Seri Azalina Othman Said.
The Minister in the Prime Minister’s Department said no state should be subject to the jurisdiction of the court of another state, adding this was a principle recognised under customary international law.
She added this frivolous case financed by an international litigation funder, Therium, had raised several alarming concerns, specifically in respect of the exigency to uphold ethical conduct, integrity, professionalism and good practices by arbitrators which is the cornerstone of any legitimate arbitration.
Azalina said the decision was unequivocally made based on three grounds, firstly that no final award could have been lawfully rendered due to the annulment of Dr Gonzalo Stampa’s appointment as arbitrator by the Spanish court that appointed him. "Keeping in mind the successive victories achieved by Malaysia, the government remains devoted to our legal pursuits in ensuring that the purported final award will be eventually annulled by the Paris Court of Appeal.
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