Section 13

has participants other than the foreign State or international organizations; and

is incorporated or constituted, as the case may be, under the law of Malaysia or has its registered address or principal place of business in Malaysia.

Notwithstanding subsection (1), the immunity enjoyed by the foreign State shall not be affected if the foreign State and the parties to the dispute have agreed not to be subjected to the jurisdiction of the court or instrument establishing or regulating the company or collective body, as the case may be, contains provisions to that effect.

Restriction of immunity in proceedings relating to ships owned or operated by foreign State