1979年新加坡国家豁免法.doc

State Immunity Act (CHAPTER 313) (Original Enactment: Act 19 of 1979) REVISED EDITION 2014 (31st December 2014) An Act to make provision with respect to proceedings in Singapore by or against other States, and for purposes connected therewith. [26th October 1979] PART 1 PRELIMINARY Short title and application 1. —(1)??This Act may be cited as the State Immunity Act. (2)??Subject to subsection?(3), Part?2 does not apply to proceedings in respect of matters that occurred before the commencement of this Act and, in particular?— (a) sections?4(2) and 15(3) do not apply to any prior agreement; and (b) sections?5, 6 and 11 do not apply to any transaction, contract or arbitration agreement, entered into before that date. (3)??Section?14 applies to any proceedings instituted after the commencement of this Act. Interpretation 2. —(1)??In this Act?— “commercial purposes” means purposes of such transactions or activities as are mentioned in section?5(3); “court” includes any tribunal or body exercising judicial functions; “ship” includes hovercraft. (2)??In this Act?— (a) references to an agreement in sections?4(2) and 15(3) include references to a treaty, convention or other international agreement; and (b) references to entry of appearance and judgments in default of appearance include references to any corresponding procedures. PART 2 PROCEEDINGS IN SINGAPORE BY OR AGAINST OTHER STATES Immunity from jurisdiction General immunity from jurisdiction 3. —(1)??A State is immune from the jurisdiction of the courts of Singapore except as provided in the following provisions of this Part. (2)??A court shall give effect to the immunity conferred by this section even though the State does not appear in the proceedings in question. Exceptions from immunity Submission to jurisdiction 4. —(1)??A State is not immune as respects proceedings in respect of which it has submitted to the jurisdiction of the courts of Singapore. (2)??A State may submit after the dispute giving rise to