File 57/1928 Pt 4 'Iraq-Nejd Relations: Mission of Sir G. Clayton to Ibn Saud.' [‎84v] (166/1364)

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ANNEXURE III.
DRAFT NOTE ON THE ARBITRATION OF RAIDS BETWEEN
NAJD AND TRANS-JORDAN.
Your Majesty
I have the honour to inform Y our Excellency m conse( l uen ce
of the discussions which were recently held at Jeddah, it has been
decided to proceed with the proposal of referring the outstanding
claims on account of past raids between Najd and Trans-Jordan to
arbitration.
2. I am authorised to inform
Your Majesty
on behalf of His
Your Excellency
Britannic Majesty’s Government, that they are prepared forthwith
to select and appoint a qualified British arbitrator, subject to the
prior receipt of an assurance from the Government of the Hejaz and
Najd and from the Government of Trans-Jordan to the effect that
they will consider themselves bound by the final adjudication of the
Arbitrator.
3. The conditions which will govern the appointment, remunera
tion, powers, and duties of the Arbitrator are as follows :—
{a) the Arbitrator shall be a neutral person, owing no subjection
to the Governments of Najd, Trans-Jordan, Palestine, or
‘Iraq, and holding no official position in any of those
countries, and shall be a man of proper knowledge, experi
ence, and honesty ;
(b) the date of the conclusion of the Hadda Agreement, namely,
the 2nd November, 1925 (15th Rabi’ Thani, 1344) is to
be taken as the starting-point for the liquidation of losses.
No account will be taken of raids committed prior to that
date ; all raids which may have occurred between that
date and the date of the present Note will be covered by
the arbitration ;
(c) claims arising from raids, which may have come up for
hearing before the Civil Courts, and in respect of which
the said Courts may have already {i.e., prior to the date
of the present Note) issued a judgment, will be settled in
accordance with such judgment ; while claims on which
no judgment has .been passed by a Civil Court will be
referred to the Arbitrator to be dealt with in the same way
as other outstanding claims ;