KUALA LUMPUR, Dec 11 — Malaysia is currently awaiting the Madrid Criminal Court in Spain to give its decision — at a future date — on whether arbitrator Gonzalo Stampa has committed crimes when he insisted on ordering Malaysia to pay US$14.9 billion in the Sulu case, minister Datuk Seri Azalina Othman Said said today.
After attending the Madrid Criminal Court’s hearing today of the criminal case against Stampa, Azalina expressed hope that the Sulu claimants’ claim against Malaysia for compensation over land in Sabah would come to an end if Stampa is convicted.
Describing Stampa as a “rogue” arbitrator, Azalina expressed hope that if he is convicted in Spain in this criminal case, it would “put an end not only to the Sulu claim, but also bring justice to the people of Malaysia, and also would be something that other countries in the world must also appreciate what Malaysia is doing — so that no rogue arbitrator out there will use a fraud award to try and enforce an order against a sovereign state, a legitimate country”.
Speaking to Malaysian media in an online video-conferencing session, Azalina stressed that Malaysia is not against commercial arbitration as a platform or as an alternative dispute resolution method, but was against the “rogue” arbitration that was carried out by Stampa against Malaysia in the Sulu case even after Spain cancelled his appointment as arbitrator in the case.
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“It’s very obvious that we went on a premise that we are not against commercial arbitration platform, but we are not going to be bullied and forced to abide by an order of an arbitration court and an arbitrator that has been unfairly behaving in a rogue manner towards Malaysia and the people of Malaysia,” she said, adding that Malaysia hopes to pass a State Immunity Act in Parliament next year to prevent a repeat of such a situation.
In the criminal case today, the Spanish Public Prosecutor’s Office and Malaysia had accused Stampa of the criminal offence of serious contempt of court, while Spain’s Public Prosecutor’s Office had also accused him of unqualified professional practice.
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