PARIS, November 14 — Malaysia has achieved another victory in its legal battle against the so-called partial award on jurisdiction, with the Paris enforcement judge quashing a prior ex parte order and ordering the withdrawal of measures registered by the Sultanate of Sulu on diplomatic buildings owned by Malaysia in Paris. The dispute, which dates back to a partial award dated May 25, 2020, saw Malaysia challenging the measures based on the immunity of its diplomatic premises, as recognized under the Vienna Convention on Diplomatic Relations of 1961.
The judge not only ordered the removal of the statutory mortgage but also imposed a cost of 15,000 euros on the Claimants. Adverse cost orders totaling 100,000 euros were issued in favor of Malaysia on June 6, 2023, when the Paris Court of Appeal refused to recognize the so-called partial award. Malaysia is actively pursuing the payment of these costs by the Claimants and their litigation funder, Therium. Additionally, on November 9, 2023, the Paris enforcement judge recorded the Claimants’ withdrawal from proceedings initiated to seize diplomatic buildings.
Malaysia, confident in the ultimate annulment of the purported final award, is determined to safeguard its sovereignty, security, and interests. The government asserts that as of now, neither the so-called partial award nor the so-called final award can be enforced in France.
