Does an arbitration agreement constitute a waiver of immunity from execution : Australia Foreign States Immunities Act 1985 Section 17 Arbitrations (2) Where: (a) … 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.
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