| Commentary

72 State immunity from execution

| Commentary

72 State immunity from execution

Under the State Immunity Act 1978, a foreign state’s1 agreement to arbitrate operates only as a waiver of its immunity from suit2. The default position, subject to any agreement to the contrary3, is that a foreign state entity enjoys separate immunity from execution against its assets and from interim relief, including where such relief is sought in aid of enforcement4. However, a state entity’s immunity from execution does not extend to property which is for the time being in use or intended for use for commercial purposes5

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