Section 4: Submission to jurisdiction

4. Submission to jurisdiction.___(1) A State is not immune as respects proceedings in respect of which it has submitted to jurisdiction. (2) A State may submit to jurisdiction after the dispute giving rise to the proceedings has arisen or by a prior agreement; but a provision in any agreement that it is to be governed by the law of Pakistan shall not be deemed to be a submission. Explanation.___ In this sub-section and in sub-section (3) of section 14, “agreement” includes a treaty, convention or other international agreement. (3) A State shall be deemed to have submitted ___ (a) if it has instituted the proceedings; or (b) subject to sub-section (4) it has intervened or taken any step in the proceedings. (4) Clause (b) of sub-section (3) does not apply— (a) to intervention or any step taken for the purpose only of- (i) claiming immunity; or (ii) asserting an interest in property in circumstances such that the State would have been entitled to immunity if the proceedings had been brought against it; or (b) to any step taken by the State in ignorance of the facts entitling it to immunity if those facts could not reasonably have been ascertained and immunity is claimed as soon as reasonably practicable. (5) A submission in respect of any proceedings extends to any appears but not to any counter claim unless it arises out of the same legal relationship or facts as the claim. (6) The head of a State’s diplomatic mission in Pakistan, or the person for the time being performing his functions, shall be deemed to have authority to submit on behalf of the State in respect of any proceedings; and any person who has entered into a contract on behalf of and with the authority of a State shall be deemed to have authority to submit on its behalf in respect of pro- ceedings arising out of the contract.

Effective date: 1981-01-01

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