Spain: The Madrid Criminal Court declares Dr. Gonzalo Stampa guilty of contempt of court in the criminal proceedings initiated by the Spanish Public Prosecutor’s Office and Malaysia. He receives a six-month prison sentence and is barred from practicing as an arbitrator for one year.
Spain: Spanish arbitrator Dr. Gonzalo Stampa, responsible for the controversial the purported Final Award demanding Malaysia to pay $14.92 billion to self- proclaimed heirs of the defunct Sulu Sultanate, is set to face criminal charges in the Madrid Court on 11 December 2023.
France: The French judge recorded the Claimants’ withdrawal from their seizure over three Malaysian-owned diplomatic properties in Paris, previously disputed as part of the enforcement of the partial award.
TheFrench Court had annulled the judicial authorisation to register a statutorymortgage against Malaysian diplomatic buildings in Paris by a self-proclaimedSulu group from the Philippines. The judge further directed the Claimants topay €15,000to Malaysia as costs, in addition to the €100,000 ordered by a Paris Court of Appealearlier this year.
The Netherlands: The Hague Court of Appeal denies the Claimants’ petition to enforce the purported Final Award instructing the Malaysian Government to pay $14.92 billion. The Court cites the absence of an arbitration clause in the original pact and deems the French stay as rendering the claim unenforceable in the Netherlands.
France: Malaysia wins a landmark victory in the Paris Court of Appeal, upholding Malaysia’s challenge against the partial award. The Claimants as a result can no longer rely on the sham arbitration award in France for any purpose.
Malaysia: Following an investigation, the Malaysian Ministry of Home Affairs issues an Anti-Money Laundering, Anti-Terrorism Financing, and Proceeds of Unlawful Activities Order against Fuad A. Kiram, one of the Sulu Claimants. The Order cites Mr. Kiram’s participation in and commission of a terrorist act, evidenced by his connection to the Royal Sulu Forces.
France: The Claimants’ appeal in France to lift the Stay Order on the enforcement of Final Award is rejected and the Stay Order remains in place.
Spain: The Spanish Constitutional Court rejects an appeal from the Claimants.
Luxembourg: A decision on the Interim Relief proceedings is made in favour of Malaysia. The court rules to lift the bank attachments with immediate effect.
The Netherlands: Malaysia is served with the application to recognize and enforce the Final Award in The Netherlands.
Luxembourg: The Claimants attempt to enforce the Awards in Luxembourg.
France: The Paris Court of Appeal upheld Malaysia’s stay of the Final Award.
France: The Stay Order against the Exequatur Order, which originally acknowledged the preliminary award granted by the Paris Court, is withdrawn after being challenged by the Claimants.
France: Malaysia has a request approved for a Stay of the Execution of the Final Award in France, preventing the enforcement of the award.
France: Malaysia files an application to annul the Final Award in France.
France: The Final Award, constituting a $14.92 billion worth of arbitration award, is issued in France by Dr. Stampa against Malaysia. It is defiance of court orders in France, Spain and a Malaysian High Court. Malaysia completely rejects the Award and does not recognize its legitimacy.
France: The Paris Court of Appeal grants a Stay Order against the Exequatur Order which recognizes the Preliminary Award. Dr. Stampa decides to ignore the effects of the Stay Order.
Spain: Malaysia files a criminal complaint to the Attorney General of Spain due to Dr. Stampa’s ignorance of the Spanish Court orders.
France: Malaysia files an appeal in France against the Exequatur Order, obtained by the Claimants, recognizing the Preliminary Award before the Paris Court of Appeal.
Spain: The High Court of Madrid determines that the Preliminary Award on Jurisdiction issued by Dr. Stampa on 25 May 2020, is null and void, in accordance with the decision of the High Court of Justice Madrid on 29 June 2021.
Dr. Stampa moves thepurported seat of arbitration from Madrid to Paris.
France: In France, the Tribunal de Grande Instance recognized the Preliminary Award on jurisdiction granted by Dr. Stampa dated 25 May 2020 through an Exequatur Order.
Spain: The Superior Court of Justice of Madrid determines that the Claimants failed to provide proper notice to the Government of Malaysia according to international law. The court revokes the appointment of Dr. Stampa as arbitrator and instructs him to terminate the proceedings. However, Dr. Stampa disregards the ruling.
Spain: Dr. Stampa issues his Preliminary Award, covering his supposed jurisdiction.
Malaysia: Sabah High Court rules in favour of the Government, stating that the 1878 Agreement lacks an arbitration clause, and therefore, the arbitrator lacks jurisdiction to address the matter. The court issues an injunction, directing Dr. Stampa and the Claimants to cease the arbitration proceeding.
Malaysia: The Attorney General of Malaysia, Tan Sri Tommy Thomas, sends a letter to the claimants’ legal representative, Paul Cohen, offering to re- commence payment of the cession monies under the 1878 Agreement. This letter was sent without the authority of the Government of Malaysia.
Spain: The High Court of Justice of Madrid appoints Dr. Gonzalo Stampa as the arbitrator for the case.
Spain: In Spain, the Claimants notify their intent to initiate arbitration, even though there is no arbitration clause in the 1878 Agreement.
UK: The Claimants, self-proclaimed ‘heirs’ to the Sultan of Sulu, approach the UK Foreign and Commonwealth Office (FCO) alleging a breach of the 1878 Agreement. The FCO dismisses the claim.
Malaysia: A violent armed invasion of Sabah, ordered by the self-proclaimed Sultan Jamalul Kiram III and launched from the Sulu Archipelago, results in 78 casualties. In response to the security threat, the Government of Malaysia takes decisive action, leading to the cessation of payments under the 1878 Agreement.
The Federation of Malaysia is founded and inherits the 1878 Agreement.
Thepeople of Sabah exercise their right to self-determination, deciding to jointhe Federation of Malaysia.
The British North Borneo Company transferred its interest, powers, and rights concerning the State of North Borneo to the British Government.
The High Court of the State of North Borneo hears a case to establish the rightful heirs of Sultan Jamalul Kiram II. The Macaskie Judgment identifies nine heirs, leading to the resumption of payments under the 1878 Agreement.
The last supposed Sultan of Sulu, Jamalul Kiram II, passes away without heirs. Consequently, the British North Borneo Company ceases payments under the 1878 Agreement.
The Sultan of Sulu confirms the cession of certain islands, with the cession money increased by RM300.
Spain renounces all sovereignty claims over territories in Borneo held by the Sultan of Sulu, acknowledging them as part of the territories administered by the British North Borneo Company, with respect to the British Government.
The Sultan of Sulu, Baron de Overbeck, and Alfred Dent enter an agreement where the Sultan cedes in perpetuity his land, territory and sovereign rights in North Borneo for an annual cession payment of RM5,000.
