Summary

CIVIL PROCEDURE: Jurisdiction - High Court - Natural and proper forum - Commencement of Spanish Arbitration pursuant to Deed of Cession concerning grant and cession in perpetuity of territories and lands within State of Sabah - Whether there was provision in Deed of Cession indicating parties’ consent or intention to refer disputes to arbitration - Whether there was valid or binding arbitration agreement - Whether there was waiver of sovereignty immunity of Malaysia so as to confer jurisdiction in proceedings before Superior Court of Justice of Madrid - Whether there was nexus between Spain and Deed of Cession - Whether High Court of Sabah natural and proper forum to determine dispute - Courts of Judicature Act 1964, s. 23(1) - Rules of Court 2012, O. 11

ARBITRATION: International arbitration - Challenge against - Commencement of Spanish Arbitration pursuant to Deed of Cession concerning grant and cession in perpetuity of territories and lands within State of Sabah - Whether there was provision in Deed of Cession indicating parties’ consent or intention to refer disputes to arbitration - Whether there was valid or binding arbitration agreement - Whether there was waiver of sovereignty immunity of Malaysia so as to confer jurisdiction in proceedings before Superior Court of Justice of Madrid - Whether there was nexus between Spain and Deed of Cession - Whether High Court of Sabah natural and proper forum to determine dispute - Courts of Judicature Act 1964, s. 23(1) - Rules of Court 2012, O. 11