"الملف 38/4 شركة امتيازات النفط المحدودة: امتيازات الشارقة" [و‎‎٢‎٦] (١٦٢/٥١)

said right of pre-emption in the quantities at the time and in the manner
required by the Government at a convenient place of shipment or at a place of
storage in Sharjah to be determined by His Majesty’s Government. In the
event of a vessel employed to carry any such oil or products thereof on behalf of
his Majesty being detained on demurrage at the port of loading the Company
shall pay the amount due for demurrage according to the terms of the charter
party and/or the rates of loading previously agreed with the Company unless
the delay is due to causes beyond the control of the Company. Any dispute
which may arise as to whether the delay is due to causes beyond the control of
the Company shall be settled by agreement between His Majesty’s Government
and the Company, and, in default of such agreement, the question shall be
referred to two arbitrators, one to be chosen by His Majesty’s Government (or
the Political Resident) and the other by the Company, with power to appoint
an umpire in case of disagreement, such arbitration to be held in England and
to be deemed a reference to arbitration under the provisions of the Arbitration
Acts 1889 to 1934 (52 and 53 Viet. c. 49 ; 24 and 25 Geo. V. c. 14) of the
Imperial Parliament, or any statutory modification or re-enactment thereof for
the time being in force.
(4) r l he price to be paid for all oil or products of the refining or treatment
of oil taken in pre-emption by His Majesty’s Government shall be either (a) as
specified in a separate agreement or (b) if no such agreement shall have been
entered into, a fair price for the time being at the point of delivery as the same
shall be settled by agreement between His Majesty’s Government and the
Company, or in default of such agreement by arbitration in the manner
provided by the last preceding sub-clause.
To assist in arriving at a fair price at the point of delivery the Company
so required, particulars of the quantities, descriptions and prices of Sharjah oil
or products sold to other customers and of charters or contracts entered into
for carriage and shall exhibit to His Majesty’s Government original or
authenticated copies of contracts or charter parties entered into for the sale
and/or carriage of such oil or products.
(5) His Majesty’s Government shall be at liberty to take control of the works,
plant and premises of the Company in Sharjah, and in such event the Company
shall conform to and obey all directions issued by or on behalf of His Majesty’s
Government. Compensation shall be paid to the Company for any loss or
damage that may be proved to have been sustained by the Company by reason
sub-clause. Any such compensation shall be settled by agreement between
His Majesty’s Government and the Company or, in default of agreement, by
arbitration in the manner provided by sub-clause (3).
Signed Sealed and Delivered by the
shall furnish for the confidential information of His Majesty’s Government, if
of the exercise by His Majesty’s Government of the powers conferred by this
said John Charles Walton, C.B.,
on behalf of His Majesty’s Govern
ment in the presence of—
J. C. WALTON (l.s.)
A. C. B. SYMON,
India Office.
(seal)
f
W. FRASER, Director.
E. J. BROWN, Secretary.