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Article 16
Ships owned or operated by a State
1. Unless otherwise agreed between the States concerned, a State which
owns or operates a ship cannot invoke immunity from jurisdiction before a
court of another State which is otherwise competent in a proceeding which
relates to the operation of that ship if, at the time the cause of action arose, the
ship was used for other than government non-commercial purposes.
2. Paragraph 1 does not apply to warships, or naval auxiliaries, nor does it
apply to other vessels owned or operated by a State and used, for the time
being, only on government non-commercial service.
3. Unless otherwise agreed between the States concerned, a State cannot
invoke immunity from jurisdiction before a court of another State which is
otherwise competent in a proceeding which relates to the carriage of cargo on
board a ship owned or operated by that State if, at the time the cause of action
arose, the ship was used for other than government non-commercial purposes.
4. Paragraph 3 does not apply to any cargo carried on board the ships
referred to in paragraph 2, nor does it apply to any cargo owned by a State and
used or intended for use exclusively for government non-commercial purposes.
5. States may plead all measures of defence, prescription and limitation of
liability which are available to private ships and cargoes and their owners.
6. If in a proceeding there arises a question relating to the government and
non-commercial character of a ship owned or operated by a State or cargo
owned by a State, a certificate signed by a diplomatic representative or other
competent authority of that State and communicated to the court shall serve as
evidence of the character of that ship or cargo.
Article 17
Effect of an arbitration agreement
If a State enters into an agreement in writing with a foreign natural or
juridical person to submit to arbitration differences relating to a commercial
transaction, that State cannot invoke immunity from jurisdiction before a court
of another State which is otherwise competent in a proceeding which relates
to:
(a) the validity, interpretation or application of the arbitration
agreement;
(b) the arbitration procedure; or
(c) the confirmation or the setting aside of the award,
unless the arbitration agreement otherwise provides.