Singapore legislation

Section 5

of State Immunity Act 1979

Section 5

Commercial transactions and contracts to be performed in Singapore

(1)

A State is not immune as respects proceedings relating to —

(a)

a commercial transaction entered into by the State; or

(b)

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 Singapore,but this subsection does not apply to a contract of employment between a State and an individual.

(2)

This section does not apply if the parties to the dispute are States or have otherwise agreed in writing; and subsection (1)(b) does not apply if the contract (not being a commercial transaction) was made in the territory of the State concerned and the obligation in question is governed by its administrative law.

(3)

In this section, “commercial transaction” means —

(a)

any contract for the supply of goods or services;

(b)

any loan or other transaction for the provision of finance and any guarantee or indemnity in respect of any such transaction or of any other financial obligation; and

(c)

any other transaction or activity (whether of a commercial, industrial, financial, professional or other similar character) into which a State enters or in which it engages otherwise than in the exercise of sovereign authority.

Read in full context — State Immunity Act 1979 →