Jurisdictional Immunities of Foreign States Act 2024 · Updated to 24 May 2024 · Chapter III
16. Restriction of immunity if there is an agreement on arbitration
Feedback & supportIf there exists an agreement between a foreign State, the head of State or the head of Government and any person to submit to arbitration in Malaysia any dispute relating to a commercial transaction, the foreign State, the head of State or the head of
foreign State
“foreign State” means any country or territory outside Malaysia, and includes— (a) a department or various organs of government of a foreign State; (b) a constituent unit of a federal foreign State or political subdivisions of the foreign State; and Jurisdictional Immunities of Foreign States 9 (c) the agency, body or other entity of a foreign State established under a written law of or otherwise by the foreign State;
Government shall not be immune from the jurisdiction of the court in any proceedings relating to—
the validity, interpretation or application of the arbitration agreement;
the arbitration procedure; or
the confirmation or the setting aside of the award.