THE HAGUE: A Dutch court of appeal dismissed on Tuesday (Jun 27) a bid by eight descendants of a former sultanate to enforce a US$15-billion arbitration award against the Malaysian government, which hailed the decision as a “landmark victory”.
Prime Minister Anwar Ibrahim said the government was confident it was “closer than ever to completely nullifying” the award after the decision.
“Malaysia trusts that today’s decision … will put an end to the frivolous attempts of the claimants to enforce the purported final award in other jurisdictions,” Anwar said in a statement.
Last year, a Paris arbitration court awarded US$14.9 billion to the Filipino heirs of the last sultan of Sulu, in a long-running dispute with Malaysia over a colonial-era land deal.
They have since sought to seize Malaysian government assets in France, Luxembourg and the Netherlands, in a bid to enforce the award.
Malaysia, which did not participate in the arbitration, says the process is illegal. It secured a stay on the award in France but the ruling remains enforceable overseas under a UN treaty on arbitration.
In September, the heirs sought permission from a Dutch court to enforce the award in the Netherlands, Reuters reported.
However, Dutch judges sided with Malaysia, saying the original pact lacked a clause binding parties to arbitration and the French stay meant the claim was not enforceable in the Netherlands, the court said on its website on Tuesday.
“The court dismisses the requests of the Filipino nationals” to demand to execute the arbitration award, the judgment added.
Lawyers for the claimants did not immediately respond to a request for comment.