"ملف 61/14 VIII (D 55) العلاقات بين نجد والعراق" [ظ‎‎٧‎٤] (٧٨٢/١٥٤)

2
Enclosure 1 in No. 1.
Ihn Sand to Mr. S tone he w e r -Bird.
(Translation.)
(After compliments.)
WE have received your Excellency's letter in which you enquired about some
of the points suggested by us regarding the arbitration. e are glad to acquaint
the British Government of the following explanations :—
1. The object of paragraphs 1 and 2 of the twelfth clause of our letter is that
one party only and not two should be appointed to the Commission o! Arbitration
opposite our representatives. So that if Iraq is going to select the arbitrators the
British Government will be neutral in the Commission ot Arbitration, and will not
delegate anyone on their behalf.
2. We explain the object of paragraph 4 of the twelfth clause of our letter
referred to as follows : The purpose of the Commission of Arbitration will be to
look into the disagreement which has fallen between the two parties with a view to
giving a judgment on it. And as on the day of Ijquair we did not consent to give
up our territories which have been annexed to Iraq, except under overwhelming
circumstances, and that this ceding was subject to the condition that there should
be no building on the lands which we had ceded, and as the British Government has
refused to accept this as the meaning of the third clause of the Protocol of Uquair
(as mentioned in your Excellency's letter of the 16th November, 1928), our yielding
those lands conditional on the meaning of the third clause will be without effect. The
dispute will consequently be not about the third clause of the Protocol of Uquair
alone, but about the first and third clauses.
We therefore request that we and Iraq should approach the arbitrators with
a view to considering the question of the frontiers and the question of the third
clause, which arose out of the first clause.
With respects.
(Seal of Ibn Saud.)
11.8.1347 (23.1.1929).
Enclosure 2 in No. 1.
Mr. Stonehewer-Bird to Ihn Sand.
(After respectful compliments.)
Your Majesty, Jeddah, February 5, 1929.
I HAVE the honour to acknowledge the receipt of your Majesty's letter of the
23rd January, in which your Majesty was good enough to explain certain proposals
with regard to arbitration.
2. I fear that I must trouble your Majesty once again on the subject of
conditions 1 and 2 under paragraph 12 of your Majesty's letter of the 12th December.
3. It is, I gather, your Majesty's proposal that arbitrators should be chosen
in equal numbers by Nejd and Iraq. I venture to point out that arbitration in these
conditions could have no hope of success. Provision must, if Nejd and Iraq are to
choose one or more arbitrators each, be made for the selection of a neutral arbitrator,
as otherwise a majority vote could not be assured. The usual practice is for
the Governments concerned to arrange the appointment by agreement of an
additional or neutral arbitrator. The parties to the dispute should, moreover, agree
in advance to accept the decision of the majority of the arbitrators.
4. I am authorised to suggest as an alternative course for your Majesty's
consideration the appointment of'a single arbitrator of high repute to be selected by
agreement between the parties to the dispute.
5. I should be grateful if your Majesty would be good enough to explain the
precise meaning of condition 6 in paragraph 12 of letter No. 31/12.
T? pcrvpf <5
F. H. W. STONEHEWER-BIRD.