In a recently surfaced judgment, the Malaysian High Court in Government of Malaysia v Nurhima Kiram Fornan & Ors (Originating Summons No. BKI-24NCvC-190/12-2019 (HC2)) for the first time granted an anti-arbitration injunction to restrain foreign arbitration proceedings on the basis of sovereign immunity. In a post on our Arbitration Notes blog, Peter Godwin and Daniel Chua discuss the historical background to the decision, which involved a territorial claim by the current heirs of the historic Sultan of Sulu over Sabah (formerly known as North Borneo), as well as the decision of the High Court itself. The full post can be found here.
For further information, please contact Peter Godwin, Partner, Daniel Chua, Associate, or your usual Herbert Smith Freehills contact.
Herbert Smith Freehills LLP is licensed to operate as a Qualified Foreign Law Firm in Malaysia. Where advice on Malaysian law is required, we will refer the matter to and work with licensed Malaysian law practices where necessary.