Fornan et al v Malaysia - Malaysia Continues to Successfully Defend its Interests in France - Press Statement - 9 November 2023
Country
Year
2023
Summary
Malaysia's 6 June 2023 victory in the appeal against the exequatur of the so-called partial award on jurisdiction leads to the withdrawal of the measures registered by the long-defunct Sultanate of Sulu ("the Claimants") on diplomatic buildings owned by Malaysia in Paris, France. Malaysia had notably challenged these measures on the ground of its immunity, in particular the immunity of its diplomatic premises as recognised under the Vienna Convention on Diplomatic Relations of 1961.
On 6 November 2023, the Paris enforcement judge quashed its prior ex parte order authorising that a statutory mortgage be registered on three diplomatic buildings owned by Malaysia in Paris. The judge considered that it did not have the power to authorise such a measure and ordered the Claimants to pay 15,000 euros to Malaysia as costs. The Claimants have confirmed that they will now remove the statutory mortgage. This adverse cost order comes in addition to the 100,000 euros adverse cost order issued by the Paris Court of Appeal in its 6 June 2023 decision in favour of Malaysia which had refused the recognition of the so-called partial award dated 25 May 2020 in France. Malaysia is taking the necessary steps to ensure that these adverse cost orders are also paid as soon as possible by the Claimants or their litigation funder, Therium. On 9 November 2023, as a further result of the 6 June 2023 decision, the Paris enforcement judge recorded the Claimants' withdrawal from the proceedings they had initiated to seize the aforementioned diplomatic buildings.
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