Page 62 - The Persian Gulf Historical Summaries (1907-1953) Vol III

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Now therefore :
The British Company, the American Company and the Operating Company
notwithstanding the terms of the Concession hereby admit the applicability to them
as of midnight, 30th November, 1951, of the income tax imposed by the said Decree
No. 5 as applied by the said King’s regulation in the precise terms and form
promulgated as aforesaid provided that the rights, privileges and interests of the
British Company, the American Company and the Operating Company .or any of
them under the Concession shall, except for such admission, be in no way altered
or affected.
In witness whereof this Instrument is executed on this 30th day of December,
1951, corresponding to the 2nd day of Rabi II, 1371.
Shaikh of Kuwait.
Leland T. Jordan,
D’Arcy Kuwait Company Limited.
Leland T. Jordan,
Gulf Kuwait Company.

Leland T. Jordan,
Kuwait Oil Company Limited.
Before me,
C. J. Pelly,
H.M. Political Agent, Koweit.

(0
Letter, dated December 30, 1951, from the D’Arcy Kuwait Company and the
Kuwait Oil Company to the Ruler of Kuwait confirming the procedure
to be followed in the event of arbitration under Article 12 of the Ruler’s
Decree of December 29, 1951,* with endorsement conveying the Ruler’s
acceptance
Your Highness,
With reference to Decree No. 5 of 1951 we write to confirm the arrangement
with Your Highness whereby it is agreed that any submission to arbitration under
Article 12 of that Decree shall be conducted in accordance with the following
procedure: —
(а) The Director and the taxpayer shall each be entitled to appoint one
arbitrator, and the arbitrators so appointed shall, before proceeding to
arbitration, appoint a referee.
(б) Each party shall nominate its own arbitrator within sixty days after the
delivery of a request so to do by the other party, failing which its
arbitrator may at the request of the other party be designated by the
British Political Resident in the Persian Gulf. In the event of the
arbitrators failing to agree upon the referee within sixty days after
being appointed or designated, the British Political Resident in the
Persian Gulf may appoint a referee at the request of the arbitrators
_ or either of them.
(c) The decision of the arbitrators, or in case of a difference of opinion
between them the decision of the referee, shall be final and binding
upon both parties.
(d) The place of arbitration shall be such as may be agreed by the parties
and in default of agreement shall be Kuwait.
(e) The English text of the Decree, incorporated in the King’s Regulation
issued by the British Political Resident in the Persian Gulf making
the Decree applicable to persons subject to the jurisdiction of His
Majesty in Kuwait, shall prevail.
• See Kuwait King’s Regulation No. 3 of 1951.
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