'Agreement relating to the Abu Dhabi Oil Concession [between] His Majesty's Government in the United Kingdom and Petroleum Development (Trucial Coast) Limited' [‎2r] (3/4)

(5)
time and in the manner required by the Government at a convenient place
of shipment or at a place of storage in Abu Dhabi to be determined by His
Majesty*s Government. In the event of a vessel employed to carry any
such oil or products thereof on behalf of His Majesty being detained on
demurrage at the port of loading the Company shall pay the amount due
for demurrage according to the terms of the charter party and/or the rates
of loading previously agreed with the Company unless the delay is due to
causes beyond the control of the Company. Any dispute which may arise
as to whether the delay is due to causes beyond the control of the Company
shall be settled by agreement between His Majesty*s Government and the
Company, and, in default of such agreement, the question shall be
referred to two arbitrators, one to be chosen by His Majesty* s Government
(or the 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. ) and the other by the Company, with power to
appoint an umpire in case of disagreement, such arbitration to be held in
England and to be deemed a reference to Arbitration under the provisions
of the Arbitration Acts 1889 to 1934 (52 and 53 Viet, c.49; 24 and 25
Geo. V. c.14) of the Imperial Parliament, or any statutory modification or
re-enactment thereof for the time being in force.
(4) The price to be paid for all oil or products of the refining or
treatment of oil taken in pre-emption by His Majesty* s Government shall be
either (a) as specified in a separate agreement or (b) if no such
agreement shall have been entered into, a fair price for the time being at
the point of delivery as the same shall be settled by agreement between
His Majesty* s Government and the Company, or in default of such agreement
by arbitration in the manner provided by the last preceding sub-clause.
To assist in arriving at a fair price at the point of delivery the
Company shall furnish for the confidential information of His Majesty*s
Government, if so required, particulars of the quantities, descriptions
and prices of Abu Dhabi oil or products sold to other customers and of^
charters or contracts entered into for carriage and shall exhibit to His
Majesty*s Government original or authenticated copies of contracts or
charter parties entered into for the sale and/or carriage of such oil or
products.
(5) His Majesty*s Government shall be at liberty to take control of
the works, plant and premises of the Company in Abu Dhabi, and in such
©vent the Company shall conform to and obey all directions issued by or
on behalf of His Majesty* s Government. Compensation shall be paid to the
Company for any loss or damage that may be proved to have been sustained
by the Company by reason of the exercise by His Majesty* s Government of
the powers conferred by this sub-clause. Any such compensation shall be
settled by agreement between His Majesty’s Government and the Company or,
in default of agreement, by arbitration in the manner provided by
sub-clause (3).
SIGHED SEALED AND DELIVERED by )
the said John Charles Walton )
on behalf of His Majesty’s )
Government in the presence of:-)
H. S. PAINTER
India Office The department of the British Government to which the Government of India reported between 1858 and 1947. The successor to the Court of Directors. .
THE COMMON SEAL of Petroleum )
Development ( Trucial Coast A name used by Britain from the nineteenth century to 1971 to refer to the present-day United Arab Emirates. ) )
Limited was hereunto affixed in)
the presence of:- )
J.
SKL1R0S
Director
E.
J. BROWN
Secretary
j.C. WALTON (L.S.)
(SEAL)