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Why would an entity — regardless of its absolute executive power — think it should ever be entitled to claim immunity from suit on a commercial contract? | Why would an entity — regardless of its absolute executive power — think it should ever be entitled to claim immunity from suit on a commercial contract? | ||
There is ''no'' good reason, except “[[Percy, who’s Queen?]]” | There is ''no'' good reason, except “[[Percy, who’s Queen?]]” | ||
The [[Sovereign Immunity Act 1978]]<ref>https://www.legislation.gov.uk/ukpga/1978/33</ref>, 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 [[Sovereign Immunity Act 1978]]<ref>https://www.legislation.gov.uk/ukpga/1978/33</ref>, 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 can contract out of this in writing. This can create problems for the [[Mediocre lawyer|verbally incontinent amongst our brethren]]. | |||
It's a bit nuanced, but not much. The commercial contracts exception allows a sovereign to be sued in the UK courts, but other part of the Act protect it against injunctions | It's a bit nuanced, but not much. The commercial contracts exception allows a sovereign to be sued in the UK courts, but other part of the Act protect it against [[Injunction|injunctions]], the enforcement of judgments and [[Arbitration|arbitral]] awards. | ||
{{contractual waiver of sovereign immunity}} | |||
{{Seealso}} | {{Seealso}} |