File 1808/1912 'Bagdad Railway. Navigation of the Tigris & Lynch's Agreement with the Company for the transport of railway material.' [‎9r] (22/514)

3
Article 11.
Any difference as to the interpretation or carrying out of this convention shall,
^unless settled to the satisfaction of the two Governments within three months, he
referred on the demand of either Government for determination to the International
Court of Arbitration at The Hague.
Additional Article.
[The Imperial Ottoman Government reserve the right at any time after the
expiration of twenty years, on twelve months’ notice, to throw open the navigation of
the Euphrates or Tigris to foreign vessels of all nations, subject to the payment to the
company of such compensation as in default of agreement shall be fixed by arbitration,
but if after exercising this right the Imperial Government shall grant any privileges
as regards the navigation by steamships on either of these rivers to any person
or body, such privileges shall be unconditionally enjoyed by British steamships
generally.]
Enclosure 2 in No. 1.
Revised Draft Agreement.
(B.)
Article 1.
THE Imperial Government undertake that the Bagdad Railway Company shall
apply precisely the same regime both as regards charges and facilities to the transport
of goods of the same category offered for carriage by rail between the same points and
under like conditions whatever may be—
(a.) The country of origin of goods imported into Turkey ; or
(b.) The country of destination of goods exported from Turkey; or
(c.) The country of origin and of destination of goods passing in transit through
Turkey; or
(d.) The nationality or ownership of the vessels on which the goods are carried
to or from Turkish ports.
Article 2.
The Imperial Government undertake that the Bagdad Railway Company shall
not conclude with any shipping company or owner of a ship serving one or more ports
(whether maritime or river) on its system any special arrangement relating to any
category of goods imported or exported by these ports unless this arrangement shall
be made unreservedly applicable under like conditions to all other shipping
companies or owners of ships importing or exporting goods of the same category by
the same ports.
Article 3.
For the purpose of this convention, the expression “like conditions” means like
conditions as regards weight, packing, and speed (“ grande vitesse,” “ petite vitesse,”
or otherwise).
Article 4.
In the event of British trade suffering unfair discrimination on any railway to
which this convention applies, in some matter not expressly mentioned in the preceding
articles, as for example the lack of proper facilities for through traffic, or the favouring
or penalising of traffic carried by a particular route, His Britannic Majesty’s
Government reserve the right to make representations to the Imperial Government,
who shall take the necessary steps to remedy the grievance.