Today, the Sulu fraud is no longer a strange headline — it has now become a familiar topic of conversation for ordinary Malaysians who have been closely following the case.
The French Supreme Court decision on Nov 7, followed by an extensive global media coverage spotlighting Malaysia's landmark victory, proves the significance this case holds in public discourse. Malaysia has tenaciously navigated legal battles across continents, securing a streak of victories in Spain, France, Luxembourg and the Netherlands.
It was no small feat.
The Sulu fraud has shed light on important aspects of national sovereignty, independence and conflict resolution.
This case serves as a powerful reminder that sovereignty and independence, though often taken for granted, are delicate principles that must be preciously safeguarded.
First, the case prompted a harsh reality check and a realisation of an unexpected vulnerability for us as Malaysians — that even agreements established over a century ago can resurface, potentially threatening a nation's sovereignty.
It was a hard lesson learned. The Sulu fraudulent claims reminded us that consistent vigilance and foresight is needed when it comes to treaties and agreements, no matter how old they may be.
The idea that a seemingly long-forgotten agreement could challenge a nation's standing reveals how historic documents can become significant liabilities in modern contexts.
Moreover, the notion that a small group of individuals — 10 so-called Sulu heirs — could wield enough legal power to bring financial instability to a sovereign state is sobering.
Malaysia has learned the hard way the importance of being aware of all potential legal claims and being prepared for the unforeseen challenges that could impact national stability and resources, in-country and abroad.
In my opinion, it is far-fetched to view the Sulu case as a fair legal game. It was fraudulent to begin with — nothing short of that can describe the ransom that Malaysia has been held to since 2017.
Beyond the purported US$14.92 billion "Final Award", the government has invested substantial time, resources and money to quash an intricate fraudulent scheme of global proportions.
From a broader perspective, the integrity of global arbitration is threatened by sophisticated abuses and unethical conduct. The Spanish Court of Appeal's decision earlier this May, which confirmed the conviction of rogue arbitrator Dr Gonzalo Stampa, reveals the sinister side of this case which Malaysia was, unfortunately, dragged into.
Since then, aggressive legal measures and strategies have been employed in every jurisdiction involved, shifting from defensive to a more proactive approach, ensuring our positions were fairly heard and assessed in the European courts.
At the same time, our media initiatives have played a crucial role in complementing the legal developments, working tirelessly to counter the false narratives surrounding the Sulu fraud.
To expand our outreach, we have been actively engaging global media partners to foster a deeper understanding of the Sulu fraud, our legal victories and their impacts on international arbitration.
Through clear and consistent messaging, we have successfully reshaped the global discourse, ensuring that Malaysia's true position and perspective are accurately represented.
Advocacy plays a crucial role in this context. The compromise of our sovereignty and the integrity of global arbitration systems warrant exposing fraud and forging concerted efforts among nations to strengthen alternative dispute resolution, thereby preserving justice and righteousness.
Today, these victories are not ours to claim alone; they belong to the global arbitration community as we collectively move forward to shape the future of international arbitration.
For our fellow Malaysians, we have transformed the Sulu fraud into actionable legislative measures, including the introduction of State Immunity Law and the regulation of Third-Party Litigation Funding in arbitration proceedings, effectively establishing a solid framework to prevent abuses and injustices.
Defeating the Sulu fraud remains a national mission, demanding our unity to protect Malaysia's sovereignty, territory and independence.
The Madani government under the leadership of Prime Minister Datuk Seri Anwar Ibrahim is fully committed to fulfilling this mandate since 2022.
Now, Malaysia must also address future attempts to undermine the French Court's decision on this case, which has both respected Malaysia's sovereignty and preserved the integrity of international arbitration.
It is disheartening to see even now certain individuals, driven by ulterior motives or pressure from external funders, attempting to distort the facts and misrepresent the true nature of the court's ruling.
Let it be clear — the European court's decision is grounded in longstanding and well-established principles of international arbitration law.
It is vital that the integrity of judicial processes and the rule of law be respected, and that any false narratives or misinformation surrounding this case be called out for what they are.
I urge all parties involved to cease spreading inaccurate accounts of the decision and to recognise the importance of respecting the legal frameworks that govern international arbitration and Malaysia's sovereignty.
Awaiting the annulment of the purported Final Award, the Sulu fraud and Nigeria's P&ID case highlight an urgent need for global unity to protect arbitration and justice.
Malaysia's Asean Chairmanship in 2025 offers a unique chance to drive regional cooperation in tackling these challenges.
* The writer is minister in the Prime Minister's Department (Law and Institutional Reform)