Kota Kinabalu: The Sabah Law Society (SLS) views the Paris Court of Appeal’s decision to annul the US$14.9 billion “Final Award” issued in favour of the self-proclaimed heirs of the defunct Sultanate of Sulu as an important clarification of the legal position underpinning the claim.
“Although the dispute was framed within a commercial arbitration context, its implications touched directly on matters central to Sabah’s territorial integrity,” said SLS President Datuk Mohamed Nazim Maduarin, in a statement, Thursday.
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“Sabah’s status within the Federation is anchored in the Federal Constitution and the constitutional arrangements flowing from the Malaysia Agreement 1963 (MA63). It cannot be altered, challenged, or subjected to extraterritorial arbitral processes that lack a lawful foundation.
“The Paris Court’s finding that the arbitrator lacked jurisdiction due to the absence of any valid arbitration agreement reinforces a fundamental rule-of-law safeguard: disputes involving sovereign rights and constitutional arrangements cannot be privatised, outsourced; or adjudicated through unauthorised mechanisms.
“The Society notes the work undertaken by the Malaysian legal teams in the French proceedings, which touch upon matters relating to Sabah’s constitutional and territorial position.
“The Society reiterates that matters involving Sabah’s constitutional rights must continue to be addressed with the same clarity and respect for the rule of law.
“As an independent statutory body, the Sabah Law Society remains committed to upholding the rule of law, safeguarding matters affecting Sabah’s legal and constitutional position, and ensuring that issues touching on Sabah’s rights are approached with clarity, discipline, and a firm grounding in law,” he said.
