KOTA KINABALU: Spanish arbitrator Gonzalo Stampa acted unprofessionally in awarding about RM63bil to the so-called heirs of the defunct Sulu sultanate, says former legal professional normal Tan Sri Tommy Thomas.
“Stampa is the largest rogue arbitrator. He took the case to France (the Arbitration Court in Paris) to make his judgment (in favour of the Sulu claimants),” he mentioned throughout a webinar on Monday (April 4) on the Philippines/Sulu declare to Sabah organised by the Sabah Law Society (SLS).
He mentioned Stampa moved the continuing to France after a Spanish courtroom put aside the Madrid arbitration courtroom judgment, following a Sabah High Court choice that such claims needs to be heard in Malaysian courts.
Thomas mentioned Stampa’s motion of shifting the matter to Paris was extremely irregular as Malaysia had, in 2019, already obtained an order to put aside the claimants’ hearings at courts in Spain.
“This is a cash (contract) declare and what they (the claimants and their attorneys) have carried out is… to one way or the other say they need the entire of Sabah’s wealth and oil. This is completely ludicrous,” he added.
Explaining for the primary time his function within the occasions across the Sulu claimants’ go well with when he was AG from 2018 to 2020, Thomas mentioned the matter was a financial declare and had nothing to do with sovereignty.
Thomas mentioned the claimants searching for Spanish arbitration amounted to a grave violation of Malaysia’s authorized rights.
He mentioned international courts shouldn’t stand idle and permit such abuse of the authorized course of to persist.
He mentioned Malaysia had appointed Spanish attorneys in 2019 to cease the arbitration proceedings by Stampa.
“Malaysia as a sovereign nation and isn’t topic to one other nation’s jurisdiction, except Malaysia submits to the jurisdiction of the Spanish courtroom or waives its sovereignty. Neither ever occurred,” he mentioned, including that the Sabah High Court was the correct discussion board to decide all disputes on the matter.
On the RM5,300 fee to the heirs, Thomas mentioned that upon the formation of Malaysia the nation determined to settle for the duty.
Thomas burdened that Malaysia should see by the method of setting apart the French courtroom order to the tip or threat leaving its property in quite a few nations susceptible to “vexatious claims”.
This he mentioned referred to the New York Convention which permits litigants to search claims on a nation’s properties in different nations.
