Jurisdictional Immunities of Foreign States Act 2024 · Updated to 24 May 2024 · Chapter III
8. Restriction of immunity in proceedings arising out of commercial transaction
Feedback & supportA foreign State shall not be immune from the jurisdiction of the court in any proceedings arising out of a commercial transaction carried out by the foreign State with any person in
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;
Malaysia.
Notwithstanding subsection (1), the immunity enjoyed by the foreign State shall not be affected if—
the parties to the commercial transaction have expressly agreed that the foreign State shall not be subjected to the jurisdiction of the court; and
the commercial transaction is between foreign States.
Where a foreign State enterprise or other entity established by a foreign State which has an independent legal personality and is capable of—
suing or being sued; and
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.
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.
head of State
“head of State” means a person who holds the highest official position in a foreign State;