This article provides insufficient context for those unfamiliar with the subject.(October 2016) |
Jamalul Kiram II (27 March 1868[1] – 7 June 1936) was the sultan of Sulu from 1894 to 1915.[2] During his long reign, he signed treaties with several nations. He served under both Spain and America.
Jamalul Kiram II | |
---|---|
![]() Sultan Muhammed Jamalul Kiram II (seated), date unknown | |
Sultan of Sulu | |
Reign | 1894–1915 |
Predecessor | Jamalul Kiram I |
Successor | Title abolished |
Born | March 27, 1868 Jolo, Captaincy General of the Philippines, Spanish Empire |
Died | 7 June 1936 Maimbung, Jolo, Commonwealth of the Philippines | (aged 51–52)
Senator of the Philippines from the 12th district | |
In office 1931–1934 | |
Appointed by | Dwight F. Davis |
Preceded by | Manuel Camus |
Succeeded by | Balabaran Sinsuat |
![](http://upload.wikimedia.org/wikipedia/commons/thumb/7/78/Judge_William_Howard_Taft_and_the_Sultan_of_Sulu_Jamalul_Kiram_II_%281901%29.png/220px-Judge_William_Howard_Taft_and_the_Sultan_of_Sulu_Jamalul_Kiram_II_%281901%29.png)
Jamalul Kiram II rose to the throne following Sultan Harun Ar-Rashid allegedly being forced to abdicate in 1894 after Kiram’s Datu supporters elected him to be sultan. Over the following decade, tensions in the American-controlled Philippines would break out into insurrection and war, leading the United States to negotiate the Kiram–Bates Treaty in 1899, believing the Sultan would be able to suppress Moro resistance to American colonization, as well as ensuring Sulu neutrality in the war broadly. Sultan Jamalul Kiram II and other government advisers and datus, most notably Hadji Butu, agreed to the treaty both desiring American economic support to Sulu's dismal finances, alongside fears of American aggression should they decline.
The treaty was retracted on the 2 March 1904 however, with the Office of U.S. President Theodore Roosevelt declaring the Kiram–Bates Treaty null and void, following the suppression of the Filipinos to the north. With annexation looming, Kiram joined the Moros struggle against the American expansion, prolonging an asymmetrical war across the Sulu Archipelago against superior equipment and manpower reserves the US possessed. After nine years of warfare, Kiram resigned himself to the Carpenter Treaty on 22 March 1915, effectively constituted the fall of the Sulu Sultanate and enshrined full American sovereignty over its former lands. This officially concluded over 400 years of Sulu independent sovereignty, although the war gains had already been organized into the Department of Mindanao and Sulu.
Kiram was appointed as a senator of the Philippines from the 12th district in 1931, serving for one term until 1934.[3]
Kiram continued to live in his residence at Maimbung for the remainder of his life, dying after kidney troubles there on the 7 June 1936. He did not have any son or heir. Although he had seven daughters, no woman could be appointed as heir or successor according to Islamic law.[4]
The North Borneo Agreement and Malaysia Sulu Case
editDuring his long reign, Jamalul Kiram II signed many agreements, including a 1878 deal with two European merchants, who were representatives of the British North Borneo Company.[5] Under this agreement, the Sulu Sultan gave control of lands in North Borneo, now known as Sabah and part of Malaysia, in exchange for an annual fee to be paid by the British.[6]
There is still debate on whether the Sultan leased or ceded the area of Sabah under the agreement.[7]
Malaysia inherited the deal in 1963, when the Federation of Malaysia was formed.[8] However, Malaysia stopped annual payments of 5,300 ringgit ($1,200) to the sultan’s descendants after the bloody Lahad Datu incursion of 2013, carried out by followers of the self-proclaimed Sultan, Jamalul Kiram III.[9] Years later, eight of these Sulu heirs, who insisted they were not involved in the standoff, hired lawyers to pursue legal action based on the original commercial deal.[7]
According to the Litigation Finance Journal, this legal dispute between the Malaysian government and the Sulu heirs has been “one of the most high profile international arbitration cases in recent times, raising issues around state sovereignty, and the role of third-party funders in international arbitration”.[10] Another expert analysis called this a “highly controversial ad hoc arbitration, in which neither the alleged arbitration clause nor the development of the procedure were accepted by the parties or by the courts of the headquarters, Spain”.[11]
In February 2022, Gonzalo Stampa - the arbitrator for the case - awarded US$14.9 billion to the Sultan of Sulu’s heirs, who have since sought to enforce the award against Malaysian state-owned assets around the world.[12] It is noteworthy that the High Court of Madrid had annulled the procedure presided over by Stampa, who then moved the case to Paris, where he announced a verdict against Malaysia.[13] In a crucial recent development, Stampa has been convicted of contempt of court for “knowingly disobeying rulings and orders from the Madrid High Court of Justice”, and sentenced to six months in prison.[14]
According to Law360, the Spanish courts’ decision to move ahead with criminal proceedings against Stampa is a significant “victory for the Malaysian government”.[8] This follows two other wins the country secured in the case in June 2023, with a Dutch appeals court refusing to enforce the award on account of Stampa’s annulled appointment by a Spanish court, and a French appeals court similarly blocking the enforcement of the award due to Stampa’s lack of authority on the case.[8]
On 10 November 2023, the Madrid Court filed criminal charges against Stampa over his role in handing the US$14.92 billion arbitration award to the eight Sulu claimants.[15] On 5 January 2024, Stampa was convicted for contempt of court. He was sentenced to six months in prison and banned from acting as an arbitrator for one year for “knowingly disobeying rulings and orders from the Madrid High Court of Justice”.
On May 17, 2024 the Madrid Court of Appeal upheld the contempt of court conviction and sentence against Stampa, upholding his six-month prison sentence, and a one-year ban from practicing as an arbitrator.[16][17]
The Madrid Court highlighted that the arbitrator's appointment was a judicial decision made before the arbitration process. Consequently, once the nullification of the appointment was confirmed, all subsequent arbitral proceedings stemming from that appointment were rendered invalid, as if they had never occurred.[18]
Malaysian Minister Azalina Othman said, “In its judgment, the Madrid Court of Appeal confirms that Stampa knowingly and wilfully disobeyed the clear rulings and orders of the Madrid High Court of Justice resulting from the nullification of his appointment as arbitrator.”[17]
Later on May 30, 2024, Malaysian state-owned petroleum firm Petronas moved a Manhattan court to seek directions for litigation funding firm Therium and its parent company to turn over subpoenaed financial documents and communications.
Petronas’ Azerbaijani arm said it would sue the companies and their lawyers in Spain over losses from the seizure of assets in Luxembourg.[19]
Former Spanish Judge Josep Galvez — barrister at 4-5 Gray's Inn Square Chambers, which the lawyers of Sulu claimants Paul Cohen and Elisabeth Mason also associate with — said the Madrid Court’s ruling underscored the importance of rigorous compliance with procedural requirements and judicial orders under Spanish law, as failure to do so could invite severe penalties.[18] “The conviction of Stampa serves as a lesson for international arbitration practitioners, emphasizing the paramount importance of adhering to judicial orders in Spain,” he wrote
References
edit- ^ "Sultan Jamalul Kiram and Sulu Royal Family Today (Relations with America: Land Grants: Sulu Royal History)". American Chamber of Commerce Journal. 7 (2): 7. February 1927.
- ^ Omar, Ibrahim S (2018). Diary of a Colonized Native: (Years of Hidden Colonial Slavery). Singapore: Partridge Publishing. ISBN 9781543743272. Retrieved 22 February 2020.
- ^ "COMMENTARY: Electing a Moro Senator". MindaNews. 23 January 2016. Retrieved 3 August 2022.
- ^ "Why 'Sultan' is dreaming". Daily Express. 27 March 2013. Archived from the original on 10 June 2015. Retrieved 1 January 2016.
- ^ "Why Malaysia is battling a $15B bill over a colonial-era land deal". Benar News. Retrieved 2024-01-29.
- ^ Bernama (2020-07-23). "Malaysia stopped paying cession money to Sulu Sultanate in 2013 | New Straits Times". NST Online. Retrieved 2024-01-29.
- ^ a b "Analysis | Malaysia Wins Respite in $15 Billion Spat With Philippines. Here's How the Fight Began". Washington Post. 2023-06-13. ISSN 0190-8286. Retrieved 2024-01-29.
- ^ a b c "Arbitrator Who Issued $14.9B Award Against Malaysia Indicted - Law360". www.law360.com. Retrieved 2024-01-29.
- ^ "Malaysia to summon sultan's heirs in dispute over Paris properties". South China Morning Post. 2023-03-08. Retrieved 2024-01-29.
- ^ "Arbitrator in Malaysia Sulu Heirs Case Found Guilty of Contempt of Court". Litigation Finance Journal. 2024-01-09. Retrieved 2024-01-29.
- ^ Cleppe, Pieter (February 8, 2023). "Southeast Asia as a key alternative trading partner to Russia and China". www.elmundofinanciero.com.
- ^ "Spain convicts mediator who awarded sultan's heirs billions in Malaysia land feud". South China Morning Post. 2024-01-09. Retrieved 2024-01-29.
- ^ Miguel, Rafa de (2023-06-24). "Sultan of Jolo case: 'Someone has to pay for all this – we will claim for damages'". EL PAÍS English. Retrieved 2024-01-29.
- ^ "Arbitrator's Guilty Verdict Puts UK Funder's Investment at Risk". news.bloomberglaw.com. Retrieved 2024-01-29.
- ^ "Sulu case: Spanish arbitrator Stampa to face criminal charges in Madrid on Dec 11 - Azalina | New Straits Times". web.archive.org. 2023-11-12. Retrieved 2024-06-27.
- ^ ""MADRID COURT OF APPEAL CONFIRMS SULU ARBITRATOR GONZALO STAMPA'S CONVICTION FOR CONTEMPT OF COURT"".
- ^ a b BERNAMA. "Sulu Case: Madrid Court of Appeal upholds Stampa's conviction, sentence". thesun.my. Retrieved 2024-06-27.
- ^ a b "Decoding Arbitral Disputes: Spanish Judicial Oversight - Law360". www.law360.com. Retrieved 2024-06-27.
- ^ ""Petronas units in Luxembourg seized again". Reuters".