Commonwealth Consolidated Acts

FOREIGN STATES IMMUNITIES ACT 1985 - SECT 17

  (1)   Where a foreign State is a party to an agreement to submit a dispute to arbitration, then, subject to any inconsistent provision in the agreement, the foreign State is not immune in a proceeding for the exercise of the supervisory jurisdiction of a court in respect of the arbitration, including a proceeding:

  (a)   by way of a case stated for the opinion of a court;

  (b)   to determine a question as to the validity or operation of the agreement or as to the arbitration procedure; or

  (c)   to set aside the award.

  (2)   Where:

  (a)   apart from the operation of subparagraph   11(2)(a)(ii), subsection   12(4) or subsection   16(2), a foreign State would not be immune in a proceeding concerning a transaction or event; and

  (b)   the foreign State is a party to an agreement to submit to arbitration a dispute about the transaction or event;

then, subject to any inconsistent provision in the agreement, the foreign State is not immune in a proceeding concerning the recognition as binding for any purpose, or for the enforcement, of an award made pursuant to the arbitration, wherever the award was made.

  (3)   Subsection   ( 1) does not apply where the only parties to the agreement are any 2 or more of the following:

  (a)   a foreign State;

  (b)   the Commonwealth;

  (c)   an organisation the members of which are only foreign States or the Commonwealth and one or more foreign States.