Gonzalo Stampa

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Gonzalo Stampa
Born (1968-07-20) 20 July 1968 (age 56)
NationalitySpanish
OccupationLawyer
OrganizationStampa Abogados

Gonzalo Stampa (born 20 July 1968), is a Spanish lawyer, author and arbitration judge best known for his arbitration role in the Malaysia-Sulu Case. He is the founding partner of law firm Stampa Abogados in Madrid. [1] According to ICLG, Stampa has over 30 years of legal practicing experience and has served as the arbitrator in more than 172 international arbitrations. [1] He is a Corresponding Academician at the Royal European Academy of Doctors (RAED). [2]

Contents

Education

Stampa earned his law degree from Complutense University of Madrid in 1991 and became a member of the Illustrious Bar Association of Madrid (Ilustre Colegio de la Abogacía de Madrid) in November the same year. [3] He received a Master of Laws (LLM) from London University in September 1993. Stampa received an Advanced Studies Diploma from Complutense University of Madrid in 2004 and then completed his doctorate in law from the same university in 2010. He became a fellow of the Chartered Institute of Arbitrators (FCIArb) in 2012. [4]

Stampa has been appointed by the Kingdom of Spain as a Conciliator at the Panel of Arbitrators and Conciliator of the International Centre for Settlement of Investment Disputes of the World Bank for the period 2020–2026. [2]

Role in Malaysia-Sulu Case

Stampa gained international attention owing to his role in the arbitration of a multi-billion dollar international dispute between Malaysia and the alleged descendants of the last sultan of Sulu Empire. [5] [6] [7]

The case pertains to the disputed region of Sabah and a colonial-era agreement that allowed Britain to use of the Sultan's territory in exchange for an annual payment of US$5000. The region now falls within present-day Malaysia. The Malaysian government continued honoring the agreement until 2013 and stopped payment henceforth, leading to the arbitration case. [8]

After Malaysia stopped the payment, one of the alleged heirs of the Sultan of Sulu filed a lawsuit for commercial arbitration at the Madrid High Court in Spain, which appointed Stampa the sole commercial arbitrator on the matter. [9]

Malaysia filed a suit with the Civil and Criminal Chamber of the Superior Court of Justice of Madrid, which annulled the appointment of Stampa. However, Stampa moved the case to High Court of Paris. On 28 February 2022, Stampa ruled in favor of the alleged descendants of sultan and ordered Malaysia to pay US$14.92 billion in settlement to the litigants. [10]

Stampa has often been accused of being a “rogue lawyer” who schemed to “extort Malaysia”. [7] According to a report by EurasiaReview, “Stampa used the offices of both the Spanish and French courts of law to enact his arbitration charade, clearly without legal authority and sanction, and clearly without jurisdiction.” [7]

Malaysia's former attorney general has called Stampa and the Sulu claimants' lawyer Paul Cohen "enemies of Malaysia”. [11]

The global attention received by the Malaysia-Sulu case also initiated a widespread debate around litigation financing. In 2022, the European Parliament called on the European Commission to introduce regulations covering third-party litigation funding (TPLF). [12] The demand followed a report by German MEP Axel Voss on the issue.

In a 2021 article, Voss wrote that "there is a growing financial practice in Europe, which involves investing in lawsuits and arbitration proceedings in the hope of collecting a hefty share of the winnings. It is happening largely in the shadows. The practice is known as Third Party Litigation Funding (TPLF). Litigation funders identify cases with potentially large returns and typically pay the legal fees and other costs for the claimant, in return for a percentage of any award or judgement". [13]

Voss said, "Litigation funders say they offer access to justice for people who could not otherwise afford to bring cases. Yet if we listen to how funders describe themselves to their investors, providing ‘access to justice’ is clearly not their goal." [13]

In the Malaysia-Sulu case, Reuters confirmed that Therium provided $20 million litigation funding to the claimants, [14] [15] a claim confirmed by Therium itself. [16] Reuters reported Elisabeth Mason, a lead co-counsel for the claimants, as saying that, "Therium conducted nine rounds of funding for the case, during which third-party investors repeatedly assessed its merits. The case has cost over $20 million, including lawyers and researchers in eight jurisdictions. Investors don't invest lightly in such matters." [15]

Mary Honeyball, former MEP and former member of the European Parliament's Legal Affairs Committee, said no case "highlights the need for stronger EU regulation of litigation funding than the US$15 billion arbitration award against the Government of Malaysia in the Sulu case". [17]

Criminal case against Stampa

In November 2023, the Madrid High Court filed criminal charges against Stampa over his role in awarding the $14.92 billion arbitration to Sulu claimants. [18]

On 8 January 2024, Reuters reported that Stampa had been sentenced to six months in jail and barred from operating for one year for “failing to comply with a Madrid court ruling to drop the case” and “instead moving it to a court in Paris”. [19]

Malaysia hailed Stampa's conviction as a landmark victory, with Prime Minister Anwar Ibrahim saying the Government of Malaysia was confident that "we are now closer than ever to completely nullifying the sham and abusive final award amounting to approximately US$15 billion issued by Stampa, thus consigning the claimants’ flawed claims to history". [20]

Arbitration expert James Boykin, who is the chair of Hughes Hubbard's international arbitration practice and is not involved in the proceedings said, “A criminal conviction will not be an automatic nullification, but as a practical matter it’s going to make enforcement in any neutral fair forum near impossible.” [21] Boykin said Stampa was paid more than US$2 million as an arbitrator, which is an unusually high fee. In reference to the role of Therium in the case, Boykin told Bloomberg Law that the "idea that a funder could see an arbitrator racking up north of $2 million and not be concerned is trouble.” [21]

Publications

Stampa has authored several books, book chapters, research papers and articles on international arbitration law, including Arbitration discovery of digitally stored documents, [22] New Trends in Spanish Arbitration, [23] a chapter on Spanish law in the Transnational Litigation: A Practitioner's Guide, Issue 3, Spanish translation of The English Arbitration Act 1996: Text & Notes, [24] and Arbitration Law in Spain: Taking-Off. . . At Last?. [25]

He is the author of three books - Legislacion arbitral, a book about arbitration jurisprudence, comments and agreements, Discovery arbitral, [26] and Principios Generales del Arbitraje. [27] [28]

Related Research Articles

<span class="mw-page-title-main">Sultanate of Sulu</span> 1405–1915 state in Southeast Asia

The Sultanate of Sulu was a Sunni Muslim state that ruled the Sulu Archipelago, coastal areas of Zamboanga City and certain portions of Palawan in the today's Philippines, alongside parts of present-day Sabah and North Kalimantan in north-eastern Borneo.

<span class="mw-page-title-main">Petronas</span> Malaysian state-owned oil and gas company

Petroliam Nasional Berhad, commonly known as PETRONAS, is a Malaysian multinational oil and gas company headquartered in Kuala Lumpur. Established in 1974, it is a legal entity incorporated under the Malaysian Companies Act 1965 and reports to the company's Board of Directors. The corporation, with a presence in over 100 countries, is vested with all oil and gas resources in Malaysia and is entrusted with the responsibility of developing and adding value to these resources. In the annual Fortune Global 500 list for 2022, Petronas was ranked at 216th. It also ranked 48th globally in the 2020 Bentley Infrastructure 500.

<span class="mw-page-title-main">North Borneo dispute</span> Territorial dispute between the Philippines and Malaysia

The North Borneo dispute, also known as the Sabah dispute, is the territorial dispute between Malaysia and the Philippines over much of the eastern part of the state of Sabah. Sabah was previously known as North Borneo prior to the formation of the Malaysian federation.

<span class="mw-page-title-main">Arbitration</span> Method of dispute resolution

Arbitration is a formal method of dispute resolution involving a third party neutral who makes a binding decision. The third party neutral renders the decision in the form of an 'arbitration award'. An arbitration award is legally binding on both sides and enforceable in local courts, unless all parties stipulate that the arbitration process and decision are non-binding.

<span class="mw-page-title-main">Azalina Othman Said</span> Malaysian politician and lawyer

Azalina binti Othman Said is a Malaysian politician and lawyer who has served as the Minister in the Prime Minister's Department in the Barisan Nasional (BN) administration under former Prime Minister Najib Razak from July 2015 to the collapse of the BN administration in May 2018 and in the Anwar Ibrahim Cabinet since December 2022 as well as the Member of Parliament (MP) for Pengerang since March 2004. She served as the Special Advisor to Prime Minister Ismail Sabri Yaakob on Law and Human Rights from September 2021 to her resignation in August 2022, Deputy Speaker of the Dewan Rakyat II from July 2020 to her resignation in August 2021, Minister of Tourism from March 2008 to April 2009 and the Minister of Youth and Sports from March 2004 to March 2008 in the BN administration under former Prime Ministers Abdullah Ahmad Badawi and Najib Razak and Chairperson of the National Film Development Corporation from June 2015 to her ministerial appointment in July 2015. She created history by being the first female deputy speaker. She is a Member of the Supreme Council and Division Chief of Pengerang of the United Malays National Organisation (UMNO), a component party of the BN coalition. She also served as the Information Chief of UMNO since March 2023 and as the 1st Women Youth Chief of UMNO from April 2001 to September 2004.

Jamalul ibni Punjungan Kiram III was a former self-proclaimed Sultan of the Sulu Sultanate who claimed to be "the poorest sultan in the world". He was known as an unsuccessful candidate for senator in the Philippine general elections in 2007. In 2013, Kiram III sparked a controversy when he revived a dispute between the Philippines and Malaysia by leading an intrusion into the eastern part of Sabah. His daughter is Princess Jacel Kiram, a proponent of the Sabah claim of the Philippines in 2016.

<span class="mw-page-title-main">Madrid Protocol of 1885</span> 1885 colonial treaty between the UK, Germany and Spain

The Madrid Protocol of 1885 was an agreement between the United Kingdom, Germany, and Spain to recognize the sovereignty of Spain over the Sulu Archipelago as well as the limit of Spanish influence in the region. Under the agreement, Spain relinquished all claim to Borneo.

The Spanish Government renounces, as far as regards the British Government, all claims of sovereignty over the

territories of the continent of Borneo, which belong, or which have belonged in the past to the Sultan of Sulu (Jolo), and which comprise the neighbouring islands of Balambangan, Banguey, and Malawali, as well as all those comprised within

a zone of three maritime leagues from the coast, and which form part of the territories administered by the Company styled the "British North Borneo Company".

The Malaysia–Philippines border is a maritime boundary located in the South China, Sulu and Celebes Seas. It separates the Malaysian state of Sabah, which is on the island of Borneo, and the Sulu Islands of the southern Philippines.

<span class="mw-page-title-main">Legal financing</span>

Legal financing is the mechanism or process through which litigants can finance their litigation or other legal costs through a third party funding company.

<span class="mw-page-title-main">History of Sabah</span>

The history of Sabah can be traced back to about 23–30,000 years ago when evidence suggests the earliest human settlement in the region existed. The history is interwoven with the history of Brunei and the history of Malaysia, which Sabah was previously part of and is currently part of respectively. The earliest recorded history of Sabah being part of any organised civilisation began in the early 15th century during the thriving era of the Sultanate of Brunei. Prior to this, early inhabitants of the land lived in predominantly tribal societies, although such tribal societies had continued to exist until the 1900s. The eastern part of Sabah was ceded to the Sultan of Sulu by the Sultan of Brunei in 1658 for the former helping a victory over Brunei enemies, but many sources stated it had not been ceded at all. By the late 19th century, both territories previously owned by Sultan of Brunei and Sultan of Sulu was granted to British syndicate and later emerged as British North Borneo under the management of the North Borneo Chartered Company. Sabah became a protectorate of the United Kingdom in 1888 and subsequently became a Crown colony from 1946 until 1963, during which time it was known as Crown Colony of North Borneo. On 16 September 1963, Sabah merged with Malaya, Sarawak and Singapore to form Malaysia.

Sharif ul-Hashim was the regal name of Sharif Abubakar Abirin Al-Hashmi. He was an Arab-Muslim explorer and the founder of the Sultanate of Sulu. He assumed the political and spiritual leadership of the realm, and was given the title Sultan, and was also the first Sultan of Sulu.

The Court of Appeal of Paris is the largest appeals court in France in terms of the number of cases brought before it. Its jurisdiction covers the departments of Paris, Essonne, Yonne, Seine-et-Marne, Seine-Saint-Denis, and the Val de Marne.

Gustav Overbeck from 1867 von Overbeck, in 1873 Baron von Overbeck, in 1877 Maharaja of Sabah and Rajah of Gaya and Sandakan, was a German businessman, adventurer and diplomat.

<span class="mw-page-title-main">William Cowie (merchant)</span>

William Clark Cowie was a Scottish engineer, mariner, and businessman who helped establish British North Borneo and was Chairman of the British North Borneo Company.

<span class="mw-page-title-main">Jamalul Kiram II</span> Sultan of Sulu

Jamalul Kiram II was the sultan of Sulu from 1894 to 1915. During his long reign, he signed treaties with several nations. He served under both Spain and the United States.

<span class="mw-page-title-main">Elisabeth Mason</span>

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<span class="mw-page-title-main">Thomas Bradley Harris</span> American businessman

Thomas Bradley Harris was an American businessman and co-founder of the American colony of "Ellena" together with Joseph William Torrey on the island of Borneo.

<span class="mw-page-title-main">American Trading Company of Borneo</span>

The American Trading Company of Borneo was a chartered company formed by Joseph William Torrey, Thomas Bradley Harris and several Chinese investors shortly after the acquisition over a parcel of land in northern Borneo from the Sultanate of Brunei. The first American settlement in the area soon was named "Ellena", although it was abandoned later due to financial difficulties, diseases and riots among the workers.

Paul Henri Cohen is a British lawyer, author and arbitration counsellor. Called to the bar in 2011, his work has included representing alleged descendants of the last Sultan of the Sulu Empire against Malaysia in a multi-billion-dollar case involving Sabah and a colonial-era agreement.

The Malaysia Sulu case is an international legal dispute in which persons claiming to be heirs of the Sultanate of Sulu made claims against the government of Malaysia by way of arbitration. The claims were subsequently litigated in the Spanish, French, and Dutch court systems. Malaysia obtained a final victory in the French Cour de Cassation on 6 November 2024.

References

  1. 1 2 "International Comparative Legal Guides". International Comparative Legal Guides International Business Reports. Archived from the original on 26 March 2023. Retrieved 26 January 2024.
  2. 1 2 "Hon. Mr. Dr. Gonzalo Stampa". Royal European Academy of Doctors. Retrieved 26 January 2024.
  3. ↑ "Embajadores de la Corte y Listado de árbitros/as". Corte de Arbitraje (in Spanish). Retrieved 26 January 2024.
  4. ↑ "CIArb - Member Profile". www.ciarb.org. Retrieved 26 January 2024.
  5. ↑ Loon, Yee (10 November 2023). "Spanish arbitrator who issued controversial US$14.9B award against Malaysia to face charges on 11 Dec". Gutzy Asia. Archived from the original on 26 December 2023. Retrieved 26 January 2024.
  6. ↑ "Report: M'sia ordered to pay almost RM63b to Sulu sultan's descendants". Yahoo News. 1 March 2022. Archived from the original on 11 August 2023. Retrieved 26 January 2024.
  7. 1 2 3 Hunter, Murray (9 August 2022). "The Sulu Arbitration Scam: The Biggest Attempted Fraud Case Against Malaysia Ever Perpetrated – Analysis". Eurasia Review. Archived from the original on 11 August 2023. Retrieved 26 January 2024.
  8. ↑ "An old sultanate, oil and US$14.9 million ruling against Malaysia". La Prensa Latina Media. 17 March 2022. Archived from the original on 3 October 2023. Retrieved 26 January 2024.
  9. ↑ "Chronology of Sulu case, Spanish arbitrator Gonzalo Stampa". EdisiViral (in Malay). 10 January 2024. Retrieved 26 January 2024.
  10. ↑ Network, The Star/Asia News (2 March 2022). "French court rules Malaysia owes $14.92 billion to sultan of Sulu's heirs". INQUIRER.net. Archived from the original on 12 October 2023. Retrieved 26 January 2024.
  11. ↑ Lim, Ida (27 July 2022). "'Enemies of Malaysia': Tommy Thomas urges Putrajaya to act on UK lawyer, Spanish arbitrator who aided Sulu heirs in US$14.9b claim over Sabah". Malay Mail. Archived from the original on 26 October 2023. Retrieved 26 January 2024.
  12. ↑ "EU urged to regulate third-party funding". www.lawsociety.ie. Retrieved 30 January 2024.
  13. 1 2 "The EU must regulate third party litigation funding, argues Axel Voss". The Parliament Magazine. 9 December 2021. Retrieved 30 January 2024.
  14. ↑ ""How Malaysia ended up owing $15 billion to a sultan's heirs"". www.legalbusinessonline.com. Retrieved 30 January 2024.
  15. 1 2 ""How Malaysia ended up owing $15 billion to a sultan's heirs"". www.reuters.com/.
  16. ↑ Shefki, Deniz (26 July 2022). "Therium Taps Up Elite Law Firms for Record Fundraise". Therium. Retrieved 30 January 2024.
  17. ↑ "Malaysia's $15bn dispute shows need for EU litigation funding regulation". Funds Europe.
  18. ↑ "Sulu case: Spanish arbitrator Stampa to face criminal charges in Madrid on Dec 11 - Azalina | New Straits Times". 12 November 2023. Archived from the original on 12 November 2023. Retrieved 26 January 2024.{{cite web}}: CS1 maint: bot: original URL status unknown (link)
  19. ↑ convicts arbitrator, Spanish court. "Spanish court convicts arbitrator". Reuters .
  20. ↑ "MALAYSIA SCORES LANDMARK WIN AGAINST SULU CLAIMANTS – PM ANWAR". Prime Minister's Office of Malaysia Official Website.
  21. 1 2 "Arbitrator's Guilty Verdict Puts UK Funder's Investment at Risk". news.bloomberglaw.com. Retrieved 30 January 2024.
  22. ↑ Stampa Casas, Gonzalo (2021). ""Discovery" arbitral de documentos almacenados digitalmente". Interacción entre mediación y arbitraje en la resolución de los litigios internacionales del siglo XXI: Ponencias y comunicaciones del I Curso interuniversitario internacional organizado por la Universidad de Alcalá (7 a 9 de abril de 2021), 2021, ISBN 9788413910031, págs. 167-183. Thomson Reuters Aranzadi: 167–183. ISBN   978-84-1391-003-1.
  23. ↑ "New Trends in Spanish Arbitration - Dispute Resolution Journal - Vol. 59, No. 1 | ArbitrationLaw.com". arbitrationlaw.com. Archived from the original on 2 March 2021. Retrieved 26 January 2024.
  24. ↑ "WK estore". law-store.wolterskluwer.com. Archived from the original on 29 March 2023. Retrieved 26 January 2024.
  25. ↑ "Arbitration Law in Spain: Taking-Off. . . At Last?". Despacho de Abogados B Cremades y Asociados en Madrid. 4 September 2001. Archived from the original on 23 September 2021. Retrieved 26 January 2024.
  26. ↑ Stampa, Gonzálo (1 March 2010). Discovery arbitral 1ª ed (in Spanish). Colex Editorial. ISBN   978-84-8342-291-5.
  27. ↑ admin. "Fernández Rozas/Sánchez Lorenzo/Stampa: Principios generales del arbitraje | Instituto Hispano-Luso-Americano de Derecho Internacional (IHLADI)". Archived from the original on 29 November 2021. Retrieved 26 January 2024.
  28. ↑ Rozas, José Carlos Fernández (30 August 2018). Principios Generales del Arbitraje. ISBN   978-84-9190-044-3.
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