Dato’ Nitin Nadkarni, a Consultant and the Head of the International Arbitration Practice at Lee Hishammuddin Allen & Gledhill, was featured on Astro Awani’s ‘Notepad with Ibrahim Sani’ to discuss his views on the USD 14.92 billion arbitration award issued in favour of the heirs of the Sultans of Sulu against Malaysia.

In recent months, the USD 14.92 billion arbitration award issued against Malaysia has garnered worldwide attention. There were many questions raised about the impact of this arbitration award – for example, is Malaysia bound by the award? Is this award valid and enforceable against Malaysia? What are the subjects or assets which the heirs of the Sultans of Sulu can enforce and execute against Malaysia?

In the episode aired on Astro Awani yesterday (16 March 2023), Dato’ Nitin unfolds the historical background to the Sulu Sultanates’ claims against Malaysia over ceded lands in Sabah through an agreement executed in 1878. The other topics discussed also include the issues which arose from the arbitration proceedings between the Sulu Sultanates and Malaysia, the enforceability of the award in over 171 countries which are signatories of the New York Convention, and the threats posed to Malaysia and Malaysia’s Government-linked companies if the award is not properly challenged or set-aside at the appropriate jurisdictions.

Dato’ Nitin has more than 38 years of experience representing major governmental organisations, multinational corporations, financial institutions and high-profile individuals in arbitration and litigation.

For further details of Dato’ Nitin’s interview, please click on this link.