Page 153 - The Persian Gulf Historical Summaries (1907-1953) Vol III

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13 In the event of a state of national emergency or war (of the existence of
either of winch Her Majesty’s Government shall be the sole judge), Her Majesty’s
Government shall have the right of pre-emption, in accordance with the terms of
the Schedule hereto, of all crude oil and products thereof produced under the
Concession.
14. The Company acknowledges the special treaty relations now existing
between Her Majesty’s Government and the Shaikh and the rights and obligations
devolving therefrom with regard to the Shaikhdom of Qatar.
15. —(1) In the event of any breach by the Company of the terms of the
present Agreement, Her Majesty's Government may give the Company written
notice to comply with its terms within a specified reasonable time.
(2) If the Company fails to comply, within the specified time, with the terms
of a written notice served on it in accordance with paragraph (1) of this Article,
Her Majesty’s Government may apply to the Lord Chief Justice of England to
appoint an arbitrator who shall decide whether the Company has acted or is acting
in breach of the present Agreement. Her Majesty’s Government shall inform the
Company of any such application to the Lord Chief Justice.
(3) The provisions of the Arbitration Act, 1950, shall govern the proceedings
in any arbitration under this Article.
(4) If the arbitrator finds that the Company has failed to comply with any of
the terms of this Agreement, he may order the Company to take such measures
as he may decide (including, if appropriate, payment of compensation) to put an
end to or remedy the breach and the damage caused by it.
(5) Subject to any right of appeal given under the Arbitration Act, 1950, the
parties hereto undertake to submit to the decision of the arbitrator appointed under
this Article and to carry out any order made by him.
(6) The order of the arbitrator may, if necessary, be enforced in Qatar in the
same manner as an order of a Court established under the Qatar Order in Council.
(7) If the arbitrator finds that the Company has failed to comply with the terms
of Articles 1, 2 or 10 of the present Agreement, Her Majesty’s Government may
request the Shaikh to terminate the Concession and any such request shall be
regarded as a ground on which the Shaikh may terminate the Concession, provided
that, in the event of the Company exercising any right of appeal which it may have
under the Arbitration Act, 1950, against the arbitrator’s order, no such request
shall be made before the decision has been given on such appeal.
(8) Reference in this Article to the Arbitration Act, 1950, shall be deemed
to include any amendments thereof which may from time to time be enacted and
any enactment replacing it.
The Schedule above referred to—
In the event of a state of national emergency or war (of the existence of which
Her Majesty’s Government shall be the sole judge)—
(1) Her Majesty’s Government shall have the right of pre-emption of all crude
oil obtained under the concession and of all the products thereof and shall have the
right to require the Company to the extent of any refining capacity it may have
in Qatar to produce oil fuel that shall comply with the Admiralty specifications at
the time provided that Qatar oil be of suitable kind and quality for this purpose.
(2) The Company shall use its utmost endeavours to increase as far as reason­
ably possible with existing facilities the supply of oil and products thereof for Her
Majesty’s Government to the extent required by Her Majesty’s Government.
(3) The Company shall with every reasonable expedition and so as to avoid
demurrage on the vessel or vessels engaged to convey the same, do its utmost to
deliver all oil or products of oil purchased by Her Majesty’s Government under
their said right of pre-emption in the quantities at the time and in the manner
required by Her Majesty’s Government at a convenient place of shipment or at a
place of storage in Qatar to be determined by Her Majesty’s Government. In the
event of a vessel employed to carry any such oil or products thereof on behalf of
Her Majesty being detained on demurrage at the port of loading the Company shall

Company unless the delay is due to causes beyond the control of the Company

settled by agreement between Her Majesty’s Government and the Company, and.