ABSTRACT
As indicated above it has always been the case that a state might waive any claim to immunity; such a waiver might be express or implied. However, a distinction has to be maintained between waiver of immunity from jurisdiction and waiver of immunity from execution. Prior to the enactment of the State Immunity Act 1978 the court required convincing and unambiguous evidence of waiver. It was not enough for a Head of State to reside in England and participate in English life,145 while a submission to arbitration proceedings was insufficient.146 A clause in a contract was normally ineffective147 and even where a state had litigated it could still raise a plea of immunity in respect of an unrelated counter claim.148 Only a clear waiver of immunity at the time of commencement of legal proceedings would be judged adequate.149
