"الملف 15/15 قواعد ولوائح قوانين الجنسية في العراق والسعودية" [ظ‎‎٤‎٠] (١٦٢/٨٠)

(2) To discontinue the dredging of the Shatt-al-Arab Bar if but only if sucii discon
tinuance shall be held upon a reterence to arbitration under the arbitration clause
hereinafter contained to be just and convenient and so that an award authorising
discontinuance shall simultaneously with such discontinuance direct payment of
any balance of moneys due to the Company from the Government so far as moneys
in its hands representing dues collected and the proceeds of sale of any plant pur
chased under this Agreement shall extend but not further or otherwise.
12. THE Government hereby undertakes to enact laws or issue instructions as may
be necessary for the execution of the provisions of this Agreement.
13. THE Government shall furnish the Company on the First day of January and First
day of July in each year with a Dredging Statement showing payments made and the receipts of
dues during the previous six months and the Company shall be entitled, should they so desire, to
appoint Auditors from time to time to examine and check such Dredging Statements.
14. THE Government shall execute in favour of the Company a first charge in the form of
the Draft Deed of Mortgage or charge hereto annexed on the dredgersl, plant, and other property
acquired for the purpose of the stipulated work to secure the loan and all interest thereon. The
Company shall insure the dredgers against risks covered by the usual Marine Policy with Insti
tute Time Clauses including four-fourths running down Clause. The policies shall be taken out
with first-class underwriters and shall be for amounts not less than the total inclusive cost of
each dredger or for such other sums as may be mutually agreed upon between the Company and
the Government. The Company shall pay the insurance premiums on such policies and such
premiums shall be chargeable to the dredging account.
THE Company shall retain the policies. The proceeds of insurance and|or proceeds of the
sale of the dredgers and plant shall be payable to the Company in payment of the loan
and interest due thereon or in application of th reduction of such loan and interest.
15. EXCEPT where otherwise expressly j rovided in these presents any and every dispute,
difference or question which shall arise between the Government and the Company as to the
meaning or effect of any of the provisions of or otherwise in relation to these presents which
cannot be settled by mutual agreement shall be referred to a Board of Arbitration which
Board shall consist of one arbitrator nominated by each of the parties to the dispute together
with a third arbitrator agreed between the other two arbitrators or failing agreement some
impartial person nominated by the Governor of the Bank of England and such arbitration
shall be held in accordance with the provisions of the Imperial Act of Parliament known as
the Arbitration Act 1889 or any statutory modification thereof for the time being in force.
PROVIDED that if either the Governmert or the Company so require the third arbitra
tor shall be some person not ordinarily resident in 'Iraq.
PROVIDED further that the jurisdiction of the said Board of Arbitration shall extend to
the question whether (notwithstanding any cert ficate given by the Port Authority) any moneys
expended by the Government in carrying out any part of the stipulated work or by the Com
pany in the supply of plant or otherwise were properly expended and every such question
shall be determined according to the discretion of the said board.
16. THIS Agreement shall be construed and take effect in accordance with the law of
England.
17. THE costs of the Government of and incidental to the preparation, printing,
approval, and execution of this Agreement i nd of the Chart and of and incidental to the
preparation, printing, approval, and executior of the Deed of Charge herein referred to and
of all technical plans and specifications that may be requisite shall be borne and paid by the
Government who shall be entitled to charge al such costs as part of their capital expenditure
incurred in carrying out the works herein specified.
IN WITNESS whereof the MINISTER of FINANCE has hereunto set his hand and seal
and the Company has caused its Common Seal to be hereunto affixed the day and year first
above written.
Signed, sealed and delivered by the said
Sir Sassoon Eskell in the presence of
L. M. SWAN,
SALEH KAHTAN,
The Common Seal of the Anglo-Persian
, Oil Company, Limited, was hereunt(
, affixed in the presence of
FLAX CULTIVATION LAW, 1925.
W e , KING of 'IRAQ. L
Pursuant to the proposals of the Minister of Finance and with the concurrence of
the Council of Ministers, do hereby order as follows:—
Article 1. —This Law shall be called the " Flax Cultivation Law, 1925. ,, i
(Sd.) Sassoon Eskell.
(SEAL).