Malaysia legislation
Section 8
Section 8
(2)
Notwithstanding subsection (1), the immunity enjoyed by the foreign State shall not be affected if—
(a)
the parties to the commercial transaction have expressly agreed that the foreign State shall not be subjected to the jurisdiction of the court; and
(b)
the commercial transaction is between foreign States.
Act 853
(3)
Where a foreign State enterprise or other entity established by a foreign State which has an independent legal personality and is capable of—
(a)
suing or being sued; and
(b)
acquiring, owning or possessing and disposing of property, including property which that foreign State has authorized it to operate or manage, is involved in a proceedings relating to a commercial transaction in which that entity is engaged, the immunity enjoyed by that foreign State shall not be affected.
(4)
The head of State and the head of Government shall not be immune from the jurisdiction of the court in any proceedings arising out of a commercial transaction carried out by him with any person in Malaysia in his personal capacity.
Restriction of immunity in proceedings relating to contract of employment