'الملف رقم 18/143 I (D 87) خدمة تقديم الوثائق القضائية العراقية في الكويت' [و‎‎٣‎٤] (٢٣٨/٩٠)

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impossible for this to happen in future. Hence Ms condition
(b). The matter is really one of common law and is dealt wilh
in sections 11 and 12 of our Code of Civil Procedure. But
as the Shaikh explained to me, he desired to look ahead to
the days when 'Iraq, is granted her independence,
4. The reasons given in paragraph 2 above apply
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also to condition (c) which I gather also follows normal
legal practice, vide section 16 of the Civil Procedure Code.
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The Shaikh however pointed out that the clause was to pre-
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vent one or both parties to a case obviously or tried
in Kuwait, from attempting to get their suit heard in 'Iraq
on the plea that they could not get justice in Kuwait, In
this connection it should not be forgotton that there are
always a certain number of 'Iraqis in Kuwait domiciled or
otherwise, also Kuwaities in Basrah.
5. His Excellency attaches considerable importance
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to condition (d). His point is that the settlement of tribal
questions by tribal law, has always been understood and
practiced in Nejd and Kuwait, but was quite contrary to all
Turkish ideas of dealing with the tribes. When the British
occupied 'Iraq, they immediately reversed the Turkish methods
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and adopted the practice in vogue in Nejd and Kuwait as far
as the Bedouins were concerned; this British practice still
holds good. The Shaikh does not however feel at all con-
fident that the present Arab Government in 'Iraq will con
tinue to follow British methods in dealing with Desert Tribes
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after 1932. In fact he thinks the exect reverse will be
the case. Hence his paragraph (d).
6, After examining the Shaikhls views from all
angles, I think His Excellency is justified in making the
condition^he has, though some may read in them unnecessary
suspicion. In any case, he feels happy now that he has
placed them on record.
7, It may not be amis$here to add that His Ex
cellency is already deeply suspicious of 'Iraq, and is I
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fear^ convinced in his own mind that he will live to see the
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