File 2764/1904 Pt 4 'Baghdad Railway: Anglo-Turkish negotiations; proposals of Turkish Govt; status of Kowait' [‎235r] (474/674)

Enclosure 1 in No. 1.
(A.)
mfi Articles for an Agreement between the Bagdad Railway Company and the
company operating the Railway connecting Bagdad and the Persian Gulf The historical term used to describe the body of water between the Arabian Peninsula and Iran. .
Article 1.
discrimination of any kind shall be exercised on any portion of the railways
opeiated ny either of the two companies in respect of traffic passing over the said
railways, whatever may be its origin or destination.
The word traffic shall include passengers and their luggage, goods, animals, and
things conveyed on the rail ways, and carriages, waggons, and other vehicles adapted for
running on the railways of the two companies.
Article 2.
For the purpose of determining charges on traffic, a uniform classification of traffic
shall be adopted by the two companies in the manner hereinafter prescribed and shall
not be varied except in the same manner.
Article 3.
The two companies shall provide reasonable facilities for the interchange of traffic
through Bagdad, and each company shall afford on its railway all due and reasonable
facilities and accommodation for exchanging, receiving, forwarding, and delivering such
traffic without -any unreasonable delay, and such facilities shall include the receiving,
forwarding, and delivering of traffic at reasonable through rates and fares.
Article 4.
In the event of a junction being constructed between the lines of the two companies,
the sum to be paid for the use of the carriages or waggons of either company whilst
carrying through traffic on the lines of the other company shall be determined, in case
of difference, in the manner hereinafter provided, and each company shall return the
carriages or waggons of the other company which have been so employed with all
reasonable despatch, the sum, if any, to be paid for the haulage of such vehicles on the
return journey being determined in case of difference in like manner.
Article 5.
If one company unreasonably detains carriages or waggons of the other company
after the through traffic carried therein has reached its destination, the company
detaining such carriages or waggons shall pay to the other company a reasonable sum
per vehicle for each day during which such detention continues, the amount of the daily
charge to be agreed upon between the companies, or, failing agreement, to be determined
as hereinafter provided.
Article 6.
For the purpose of this agreement there shall be established a joint committee to
be called the Bagdad Railways joint committee, consisting of three directors of each
company. Each of the companies shall have the right during each alternate year to
appoint from time to time one of its directors, who is a member of the joint committee,
to act as chairman of the committee during that year. The chairman shall not be
entitled to more than one vote. The chairman during the first year after this agreement
comes into operation shall be appointed by the company.
The joint committee shall make all such arrangements as may be necessary to secure
the due execution of the foregoing articles of this convention (including the classification
of traffic, the determination of the kilometric basis of rates and fares, and the charges for the
use, haulage, or detention of carriages or waggons) ; and in the event of the joint committee
failing to come to an agreement in respect of any difference arising out of or concerning the
agreement, such question shall, on the application of any one of the companies, forth
with be referred for determination to a standing arbitrator who shall be appointed from
[1969 h —1] B 2