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French court upholds Malaysia’s challenge vs $15-B award to Sulu heirs

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French court upholds Malaysiaâs challenge vs $15-B award to Sulu heirs
Map shows Sabah, formerly known as North Borneo.
Bing Maps

MANILA, Philippines — A French court has backed the Malaysian government’s challenge against the heirs of the last sultanate of Sulu, which means that Kuala Lumpur is no longer obliged to pay the Filipinos $14.9 billion. 

“The decision, which is final and binding, is a decisive victory for Malaysia in its ongoing pursuit of legal remedies, which Malaysia is confident will result in comprehensive defeat for the claimants and their funders,” Azalina Othman Said, Malaysia’s minister of Law and Institutional Reform, said in a statement dated June 6. 

A Paris arbitration court awarded the Sulu heirs rights over Sabah last year to cover for piled-up lease payments but the decision of the Paris Court of Appeals has nullified this, saying the decision was wrongly upheld. 

“Malaysia is seeking to have the annulment recorded in a court decision as soon as possible, which should lead to the collapse of the claimants’ global enforcement efforts to date,” according to Said.

She called the Paris arbitration award the “Sulu fraud” as she claimed “only fraudulent people will do this.”

The Sulu heirs have filed similar arbitration claims in courts across Europe, with decisions slated for the 27th this month in Amsterdam. A Luxembourg court will come out with their decision in September. 

The Sulu sultanate had power over southern Philippines and Sabah up until the British government transferred the latter to Malaysia in 1963. It was in 1878 when the last Sulu sultanate, Jamal Al Alam, inked a deed of lease with the British North Borneo Company. 

They leased the land initially for $5,000 a year before rent was hiked to $5,300. Heirs of the last Sulu sultanate received rental payments from the United Kingom from 1878 to 1962, while Malaysia shouldered the rental fees from 1963 to 2013. 

The Department of Foreign Affairs said last year that it will not comment publicly on the issue “as the Philippine government is not a party in this litigation.”

MALAYSIA AND THE SULTANATE OF SULU

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