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They have since sought to seize Malaysian government assets in France, Luxembourg and the Netherlands, in a bid to enforce the award. In September, the heirs sought permission from a Dutch court to enforce the award in the Netherlands, Reuters reported. Lawyer Paul Cohen, acting for the Sulu heirs, said they were disappointed with the court decision. The heirs say they were not involved in the incursion and sought arbitration over the suspension of payments. This month, a Paris court upheld the Malaysian government's challenge against enforcing a partial award to the heirs.
Persons: Anwar Ibrahim, Anwar, Lawyer Paul Cohen, Sulu, Stephanie van den Berg, Rozanna, Robert Birsel, Clarence Fernandez, Mark Potter Organizations: THE HAGUE, Malaysian, Malaysia, Reuters, Borneo . Independent Malaysia, Thomson Locations: KUALA LUMPUR, Malaysia, Paris, Sulu, France, Luxembourg, Netherlands, Philippines, Borneo ., Kuala Lumpur
The win for Malaysia implies the final award will be annulled and the descendants' efforts to seize Malaysian assets will end, the government said. The Filipino heirs of the last Sultan of Sulu won a $14.9-billion award in a French arbitration court last year in a long-running dispute over the deal, after a partial award was first issued in May 2020. The Paris Court of Appeal found the case arbitrator had wrongly upheld his jurisdiction, Malaysia said on Tuesday. The heirs say they were not involved in the incursion and sought arbitration over the suspension of payments. In recent months, Malaysia has stepped up efforts to protect itself from the arbitration award, including filing police complaints against one of the claimants' lawyers.
Persons: Azalina Othman Said, Kanupriya Kapoor Organizations: Malaysian, Malaysia, Appeal, United, Independent Malaysia, Thomson Locations: KUALA LUMPUR, Malaysia, Sulu, France, United Nations, Philippines, Borneo
The Paris properties are only the third set of Malaysian assets that the heirs have publicly acknowledged going after. On Monday, French bailiffs attempted to evaluate the three properties in preparation of a sale, the lawyers said. A Malaysian law ministry spokesperson said the bailiffs appeared at the Malaysian embassy in Paris but were turned away. "To the extent that Malaysians blocked entry to the bailiffs, they are in open defiance of a French court order," Cohen said. The Malaysian government and the French court, the Tribunal Judiciaire de Paris, did not immediately respond to requests for comment.
It obtained a stay on the award in France but the ruling remains enforceable overseas under a United Nations treaty on arbitration. The Petronas Azerbaijan (Shah Deniz) and Petronas South Caucasus units were first seized in July 2022, but the Malaysian government said last month that the order had been set aside by a Luxembourg district court. On Tuesday, Luxembourg court bailiffs issued a second seizure order on the units and related bank accounts, court documents shared by the heirs' lawyer, Paul Cohen, showed. The Luxembourg court could not be immediately reached for comment. The heirs say they were not involved in the incursion and sought arbitration over the suspension of payments.
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