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File 4535/1928 Pt 15 ‘ANGLO-PERSIAN NEGOTIATIONS, 1929- Arbitration Articles in General & Commercial Treaties.’ [‎166r] (41/154)

The record is made up of 1 item (76 folios). It was created in 8 Oct 1929-2 Oct 1930. It was written in English and French. The original is part of the British Library: 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. Records and Private Papers Documents collected in a private capacity. .

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5. The article as proposed in Article 14 of the original draft
was to the following effect:-
Les hautes parties contractantes sont d*accord que tout
diff^rend qui peut s*Clever entre elles quant A 1'interpretation ou
d 1 1 application des prescriptions du present traitd sera, d defaut
d*§tre r^solu par d’autres moyens, a la demande de 1‘une ou de
1'autre des deux parties soumis d 1*arbitrage.
6. The main difference between these two drafts is that the
British draft limits arbitration to differences arising out of the
present treaty while the Persian draft refers to differences of any
kind, although in neither case is anything laid down as to the
constitution of the Arbitral Tribunal.
7. In your telegram No. 65 in reply to my telegram above mention
ed you say that as regards arbitration your telegram No. 61 shows
the position.
8. But that refers to the position as it would be if Persia
signed the optional clause, which I regret to say it is quite
impossible to assume.
9. This being so, would His Majesty*s Government prefer to
have no arbitration article at all or at most one limited to
differences arising out of the present treaty, or would they be
prepared to include an arbitration article as now proposed by
the Minister of Court or an article limited to differences
arising out of the general treaty and the commercial treaty?
I have, etc.
(Signed) R. H. Clive

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Content

This part contains papers, mostly correspondence, mainly relating to the inclusion of arbitration provisions in the General Treaty and the Commercial Treaty which were being negotiated between the United Kingdom and Persia [Iran]. It includes papers concerning the question of what the terms of any such arbitration articles should be, and the question of whether or not an arbitration article should be included in the General Treaty.

In addition, this part includes some correspondence relating to the question of whether or not Iraq would be covered by Article 1 (regarding friendship and non-aggression) of the proposed General Treaty with Persia.

This part includes the British draft proposal for an arbitration article in the General Treaty, the Persian Minister of Court’s comments on this draft article, a letter from HM Minister at Tehran (Robert Henry Clive) to the Persian Minister of Court, and draft versions of a proposed arbitration article in a letter from Clive to the Foreign Office, which are all written in French.

The main correspondents are as follows: the 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 Foreign Office; the Dominions Office; the Commercial Relations and Treaties Department of the Board of Trade; and HM Minister at Tehran. Other correspondents include the Colonial Office and the Admiralty.

In addition, this part includes 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. Political Department minute papers.

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1 item (76 folios)
Written in
English and French in Latin script
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File 4535/1928 Pt 15 ‘ANGLO-PERSIAN NEGOTIATIONS, 1929- Arbitration Articles in General & Commercial Treaties.’ [‎166r] (41/154), British Library: India Office Records and Private Papers, IOR/L/PS/10/1272/3, in Qatar Digital Library <https://www.qdl.qa/archive/81055/vdc_100069906364.0x000089> [accessed 19 April 2024]

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