Sulu Sultanate claim: Luxembourg Court issues decision to lift attachment
PUTRAJAYA, Jan 30 — A court in Luxembourg has issued a decision to lift the attachment (saisie arrêt) requested by individuals who claimed to be ‘heirs’ of the Sulu group, said Minister in the Prime Minister’s Department (Law and Institutional Reform) Datuk Seri Azalina Othman Said.
In a statement today, Azalina said the District Court of Luxembourg issued the decision on Jan 24 to lift the attachment requested by the group on July 11, last year (2022).
The attachment was based on the purported Final Award and the purported Preliminary Award issued by the purported arbitrator Dr Stampa, on Feb 28 and May 25 last year as well as on the ex parte Exequatur Order of May 18, 2022 recognising these purported awards in Luxembourg, she said.
“Malaysia is currently challenging the ex parte Exequatur Order before the Luxembourg Court of Appeal,” she said.
Malaysia immediately applied to the District Court of Luxembourg to obtain interim relief to release the attachment and the hearing took place on Dec 5 last year before the District Court, she said.
Azalina said the District Court of Luxembourg had accepted Malaysia’s challenge based on the fact that the claimants had, according to the court, voluntarily omitted to reveal their real addresses.
“The court considered this omission significant and found that the claimants’ conduct impeded the service of documents and the enforcement of the potential judgment to be rendered against them,” she said.
Azalina said according to the court, the claimants’ conduct constituted a “manifestly illicit hardship” that is detrimental to Malaysia.
She said the conduct is typical of the deceitful and fraudulent manner in which the claimants have consistently conducted themselves in their claim against Malaysia.
“It comes as no surprise that the claimants’ case failed at the first instance,” she said.
Azalina stressed that the Malaysian government is relentless in its effort to protect and preserve Malaysia’s interests, sovereign immunity and sovereignty at all times, and will continue to vigorously take all the necessary actions to put an end to the claimants’ fictitious claim.