Jurisdictional Immunities of Foreign States Act 2024 · Updated to 24 May 2024 · Part III · Immunity from Action or Judgment Against Property of Foreign State
17. Pre-trial action against property of foreign State
Feedback & supportNo pre-trial action shall be brought, instituted or maintained against the property of a foreign State before any court unless—
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;
the foreign State has expressly consented to the taking of such action as provided—
in an international agreement;
in an arbitration agreement or in a written contract;
or
in a declaration before the court or in a written communication after a dispute between the parties has arisen; or
the foreign State has allocated the property for the satisfaction of the claim which is the object of that proceedings.
Enforcement of judgment and order against property of foreign State