MALAYSIA was successful in setting aside an attachment order obtained by the so-called heirs of the Sultan of Sulu because the claimants had not provided their real addresses, Azalina Othman Said stated today. 

The Minister in the Prime Minister’s Department (Law and Institutional Reform) said the District Court of Luxembourg accepted Malaysia’s challenge because the claimants had, according to the court, voluntarily omitted revealing 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.  

“According to the court, the claimants’ conduct constituted a ‘manifestly illicit hardship’ that is detrimental to Malaysia.  

“This 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,” Azalina said in a statement. 

On January 24, the District Court of Luxembourg issued a decision to lift the attachment requested by individuals claiming to be the heirs of the Sultan of Sulu on July 11, 2022.  

The attachment was based on awards issued by arbitrator, Dr. Stampa in early 2022 as well as on the ex-parte Exequatur Order of May 18, 2022 recognising these purported awards in Luxembourg.  

Malaysia is currently challenging the ex-parte Exequatur Order before the Luxembourg Court of Appeal.  

Malaysia had also applied to the District Court of Luxembourg to obtain interim relief to release the attachment.  

The hearing took place on December 5, 2022 before the District Court and was ruled in favour of the Malaysian government.

“The government of Malaysia 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,” said Azalina. 

Former law minister Wan Junaidi Tuanku Jaafar previously said Malaysia would prevent any attempt by the so-called heirs of the Sulu sultanate to enforce a US$15 billion (RM63.6 billion) arbitration award against the country. 

Malaysia does not recognise claims made by them and had rejected the final award issued by Stampa for allegedly violating the 1878 Agreement between the Sultan of Sulu with Baron de Overbeck and Alfred Dent, in which the Sulu sultan had handed over in perpetuity his territories in North Borneo, which is present day Sabah. 

In return, the sultan and his heirs were to be given a cession payment of RM5,300 per year.  

However, the government ceased payments following the attack on Lahad Datu in 2013. – January 30, 2023.