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Sovereign immunity: Difference between revisions
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The [[Sovereign Immunity Act 1978]] | The [[Sovereign Immunity Act 1978]], which provides (among other things) that a State is not immune as respects proceedings relating to a commercial transaction entered into by the State; or an obligation of the State which by virtue of a contract (whether a commercial transaction or not) falls to be performed wholly or partly in the United Kingdom. | ||
The parties are able to contract out of this in writing. | |||
It's a bit nuanced, but not much. This doesn't stop industry standard legal agreements purporting to waive immunity, which actually creates an issue where otherwise there would not be one, an a [[what the eye don't see the chef gets away with]] sort of basis. | |||
If you purport to waive, and the sovereign says NO, then you've agreed not to waive, thereby doing yourself out of the exemption, which the parties can contract out of. | |||
{{Seealso}} | {{Seealso}} | ||
*{{isdaprov|Waiver of immunities}} | *{{isdaprov|Waiver of immunities}} - {{tag|ISDA}} | ||
*{{cdeaprov|Waiver of Immunities}} | *{{cdeaprov|Waiver of Immunities}} - {{tag|CDEA}} | ||
*{{gmslaprov|Waiver of Immunity}} | *{{gmslaprov|Waiver of Immunity}} - {{tag|GMSLA}} | ||
*{{gmraprov|Waiver of Immunity}} | *{{gmraprov|Waiver of Immunity}} - {{tag|GMRA}} | ||