"ملف ٥/٢ VI المنطقة المُحايدة في الكويت" [و‎‎١‎٥‎٣] (٧٠٢/٣٠٥)

the view put forv/ard by the plaintiff company that although,
with regard to the performance of the concessionary contract
in Russia, Russian lav; was "the proper lav; of the contract";
for other purposes the general principles of law such as
those recognised by Article 38 of the Statute of the
Permanent Court of International Justice should be regarded
as "the proper law of the contract" ( Annual Digest and Reports
cf Public International Law Cases . 1929-1930, Case No.l)
In the circumstances cf the present case and having regard to
the provisions of the agreement relating to the place of the
arbitration it is safe t^ assume that English law will be in
any case an important constituent element of the "general
principles of lav;" thus applicable.
In addition to being indirectly relevant as forming
part of the "general principles of law as recognised by
civilised States", the rules and principles of international
law are directly germane to the present case inasmuch as
international arbitral and judicial practice has evolved a
considerable body cf precedent as to the evidential value
of maps.
Reliance is als« placed in the present Opinion on
the "general principles of law" - which, as mentioned, are
probably the "proper law" of the arbitration - inasmuch as
these include general consideration of equity and fair
dealing. These considerations are directly related to the
question in issue and they are likely to influence powerfully
the decision of the arbitrators.
II
THE MAP. THE QARU AND OTHER ISLANDS.
It is my opinion that the position of the Kuwait
Oil Company in this matter is well founded both in law and