French set-aside proceedings have no impact on recognition, AG submits, given lack of specific ground for refusal under Dutch law

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AG sees no ground to refuse recognition of Spanish judgment that annulled arbitrator’s appointment

AG considers that an award remains an award despite invalidity of arbitrator’s appointment, but Article V(1)(d) of NY Convention applies

Estoppel does not apply if party did not ‘appear’ in the proceedings by submitting defence on the merits, AG argues

AG finds that underlying arbitration agreement became unenforceable due to inexistence of original adjudicator

New York Convention does not draw distinction between law applicable to validity, interpretation, and qualification of agreement to arbitrate, AG opines

Advocate General sees no relevant difference in grounds relating to validity of arbitration agreement under NY Convention and Article 1076 of CPP

Background: Multi-billion-dollar award and invalidation of arbitrator appointment spark multiple proceedings across Europe

Good administration of justice requires waiting for Cour de cassation’s decision on tribunal’s jurisdiction

Suspension of the award in French courts was a valid ground to refuse enforcement

Arbitration agreement does not contain a valid arbitration clause

Malaysia’s non-participation in the proceedings cannot constitute a waiver of right to challenge arbitration agreement

Annulment of arbitrator appointment by Spanish courts must be given effect by Dutch courts

Set-aside application is governed by New York Convention

Judges find that the arbitration agreement subsequently lapsed

Court finds that 1878 contract contained an arbitration clause

Despite failing to appear in the arbitration, Malaysia has not waived its right to contest the tribunal’s jurisdiction

Request for exequatur is admissible, despite Malaysia allegations of abuse of process and violation of the loyalty principle

Malaysia may object to the admissibility of the request for exequatur

Background: Heirs of Sultan of Sulu seek to enforce 15 billion USD award around the world; Malaysia asks for annulment of French court decision that granted exequatur in 2021

Background: loss of portfolio investment allegedly caused by Malaysian currency exchange controls

Arbitrator finds that BIT requires investment to be made in the territory of host state

Constitutional Court finds that amparo challenge against the annulment of Mr. Stampa’s appointment has become without object

Request for declaration that Final Award is legally inexistent is dismissed

Malaysia’s “uncollaborative attitude” justifies shifting of costs in favour of claimants

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