Coll 30/139 'Oil: Debai Commercial Concession and Exchange of Notes.' [‎10r] (19/365)

h orce majeure as used in this Agreement includes the Act of God, war,
insurrection, riot, civil commotion, tide, storm, tidal wave, Hood, lightning, explosion,
fire, earthquakes and any other happening which the Company could not reasonably
prevent or control.
Article l'\. 1 he Shaikh shall not by general or special legislation or by
administrative measures or by any other act whatever annul this Agreement except
as provided in Article 19.
No alteration shall be made in the terms of this Agreement by either the Shaikh
or the Company except in the event of the Shaikh and the Company jointly agreeing
that it is desirable in the interests of both parties to make certain alterations,
deletions or additions to this Agreement.
Article 24.—(a) If at any time during the currency of this Agreement any
difference or dispute shall arise between the parties hereto concerning the inter
pretation or execution hereof, or anything herein contained, or in connection
herewith, or the rights or liabilities of either party hereunder, the same shall,
failing any agreement to settle it in any other way, be referred to two arbitrators,
one of whom shall be chosen by each party, and a referee, who shall be chosen by
the arbitrators before proceeding to arbitration.
ib) Each party shall nominate its own arbitrator within 60 days after delivery
of a request so to do by the other party, failing which its arbitrator may at the
request of the other party be designated by the British Political Resident A senior ranking political representative (equivalent to a Consul General) from the diplomatic corps of the Government of India or one of its subordinate provincial governments, in charge of a Political Residency. in the
Persian Gulf The historical term used to describe the body of water between the Arabian Peninsula and Iran. . In the event of the arbitrators failing to agree within 60 days after
being chosen or designated the British Political Resident A senior ranking political representative (equivalent to a Consul General) from the diplomatic corps of the Government of India or one of its subordinate provincial governments, in charge of a Political Residency. in the Persian Gulf The historical term used to describe the body of water between the Arabian Peninsula and Iran. may
appoint a referee at the request of the arbitrators or of either of them.
(c) The decision of the arbitrators, or in a case of a difference of opinion
between them, the decision of the referee, shall be final and binding upon both
parties.
(d) In giving a decision the arbitrators or the referee shall specify an adequate
period of delay, during which the party against whom the decision is given shall
conform to the decision, and that party shall be in default only if that party has
failed to conform to the decision prior to the expiry of that period and not
otherwise.
(e) The place of arbitration shall be such as may be agreed by the parties and
in default of agreement shall be London.
Article 25. The Company shall make all payments that become due to the
Shaikh under this Agreement into the Shaikh’s account at the Eastern Bank, Ltd.,
Bahrain, and the Bank’s receipt shall be a full discharge for the Company in respect
to the payment of the sum stated in the Bank’s receipt.
Should the Shaikh decide to grant permission for a Bank to open a branch or
Agency An office of the East India Company and, later, of the British Raj, headed by an agent. in Dubai the Shaikh shall consult with the Company as to which Bank
shall be given the permission.
The Shaikh may from time to time designate in writing another Bank or Banks
for the purpose of this Article.
Article 26. The Shaikh may select in consultation with the Local Representa
tive of the Company, a local man—conversant with the English language—to act
as a confidential person as between the Shaikh and the Company’s Representative
and to assist in procuring the labour that the Company may require. The salary of
the Shaikh’s confidential person so appointed shall be paid by the Company through
the Shaikh in Dubai and shall be at the rate of Rupees Indian silver coin also widely used in the Persian Gulf. Four hundred (400) per
month.
Article 27. This Agreement is written in English and translated into Arabic.
If there should at any time be disagreement as to the meaning or interpretation of
any clause in this Agreement the English text shall prevail.
In Witness whereof the parties to this Agreement have set their hands the day
and year first above written.
And God is Gracious.
The Company, The Shaikh,
FRANK HOLMES. SAID BIN MAKTUM AL-HASHER.
(Signed in Arabic.)
In the presence of
T. HICKINBOTHAM,
Political Agent A mid-ranking political representative (equivalent to a Consul) from the diplomatic corps of the Government of India or one of its subordinate provincial governments, in charge of a Political Agency. , Bahrain.
22nd May 1937.