Section 13
Restriction of immunity in proceedings relating to participation in companies, etc.
of Jurisdictional Immunities of Foreign States Act 2024
A foreign State shall not be immune from the jurisdiction of the court in any proceedings relating to its participation in a company or other collective body, whether incorporated or unincorporated, being a proceedings concerning the relationship between the foreign State and the company or other collective body or the other participants in the company or collective body, provided that the company or other collective body—
(a)
has participants other than the foreign State or international organizations; and
(b)
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.
(2)
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