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.