i m m u n i t i e s f r o m j u r i s d i c t i o n
745
that has a connection with the entity against which the proceeding was
directed.
Section 13(2)b of the UK State Immunity Act provides, for instance,
that ‘the property of a state shall not be subject to any process for the
enforcement of a judgment or arbitration award or, in an action
in rem
,
for its arrest, detention or sale’. Such immunity may be waived by written
consent but not by merely submitting to the jurisdiction of the courts,
257
while there is no immunity from execution in respect of property which is
for the time being in use or intended for use for commercial purposes.
258
It is particularly to be noted that this latter stipulation is not to apply to a
state’s central bank or other monetary authority.
259
Thus, a
Trendtex
type
of situation could not arise again in the same form. It was emphasised
in
AIC Ltd
v.
Federal Government of Nigeria
that this absolute immunity
accorded to the property of a foreign state’s central bank applied irrespec-
tive of the source of the funds in the account or the purpose for which the
account was maintained,
260
while in
AIG Capital Partners Inc.
v.
Republic
of Kazakhstan
, it was noted that the term ‘property’ in the Act had to be
given a broad meaning and included all real and personal property, in-
cluding any right or interest, whether legal, equitable or contractual. The
property in question appertained to the central bank if held in its name,
irrespective of the capacity in which the bank held it or the purpose for
which it was held.
261
It is also interesting that the corresponding provision in the US Foreign
Sovereign Immunities Act of 1976 is more restrictive with regard to im-
munity from execution.
262
The principle that existence of immunity from
257
S. 13(3). See also s. 14 of the South African Foreign Sovereign Immunity Act 1981; s. 14
of the Pakistan State Immunity Ordinance 1981; s. 15 of the Singapore State Immunity
Act 1979 and s. 31 of the Australian Foreign States Immunities Act 1985.
258
S. 13(4).
259
S. 14(4), which provides that, ‘Property of a state’s central bank or other monetary au-
thority shall not be regarded for the purposes of subsection (4) of section 13 above as in
use or intended for use for commercial purposes; and where any such bank or authority
is a separate entity subsections (1) to (3) of that section shall apply to it as if references to
a state were references to the bank or authority.’ See also Fox,
State Immunity
, p. 393, and
W. Blair, ‘The Legal Status of Central Bank Investments under English Law’ [1998] CLJ,
pp. 374, 380–1.
260
[2003] EWHC 1357, paras. 46 ff.; 129 ILR, p. 571.
261
[2005] EWHC 2239 (Comm), paras. 33 ff.; 129 ILR, p. 589.
262
S. 1610. Thus, for example, there would be no immunity with regard to property taken in
violation of international law. See also
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