Waiver of immunity
s 7
(1) A foreign State, the head of State and the head of Government shall be deemed to have waived their immunity from the jurisdiction of the court if any of them— (a) has expressly consented to the exercise of the jurisdiction of the court; (b) has submitted to the jurisdiction of the court; (c) has instituted, intervened or taken any step in the proceedings of the court; or (d) has filed any counterclaim arising out of the same legal relationship or facts as the principal claim in any court. (2) Notwithstanding subsection (1), a foreign State, the head of State and the head of Government shall not be deemed to have waived their immunity from the jurisdiction of the court if— (a) t h e f o r e i g n S t a t e , t h e h e a d o f S t a t e a n d the head of Government, enters an appearance, intervenes or takes any other step in a proceedings before a court only for the purposes of— (i) invoking immunity; or (ii) asserting a right or interest in property at issue in the proceedings; and (b) the foreign State or its representative, the head of State or the head of Government appears as a witness in any court. (3) For the purposes of paragraph 1(a), any provision in the agreement entered by a foreign State, the head of State or the head of Government which provides that the agreement shall be governed by and construed in accordance with the law of Malaysia shall not be interpreted as consent to the exercise of jurisdiction of the court.