CO885-(20-21) — Page 627

PUBLIC RECORD OFFICE

Reference :-

C.O.885

ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC-

COPYRIGHT PHOTOGRAPH—NOT TO

21 PUBLIC RECORD OFFICE, LONDON

*.

20

East Africa Protectorate.-Lease to the East African Estutes, Limited,

20th April, 1910,

Clause 39. Any and every dispute difference or question which may at any time arise between the Crown Agents or the Governor on the one hand and the Lessees or any person persons or corporation claiming through or under the Lessees on the other hand touching the construction meaning and effect of these presents or of any Award made in pursuance hereof or any clause or thing contained hereiu or in any such Award as aforesaid or the rights or liabilities of the Crown Agents or the Governor or the Lessees or any such person or corporation as aforesaid shall (except in any case where the same is under any provision herein contained to be otherwise settled) be referred to the sole arbitration of such person as shall be nominated by His Majesty's Principal Secretary of State for the time being for the Colonies for that purpose and this shall be deemed to be a submission to arbitra- tion within the meaning of the Imperial Act of Parliament known as the Arbitration Act 1889 or any statutory modification or re-enactment thereof for the time being in force and the provisions of every such Act shall apply to every arbitration under this Clause.

East Africa Protectorate.-Lake Magadi Lease, 1911.

Clause 34. In case and so often as any dispute difference or question shall arise between the said parties hereto or any Government Corporation Company or person claiming through or under them respectively or between any of such parties Govern ments Corporations Companies or persons concerning or relating to the demised premises or the Lessees' works or any part thereof respectively or the construction meaning or effect of these presents or of any award made in pursuance hereof or any clause or thing contained in this Lease or in any such award as aforesaid or the rights or liabilities of any party hereto or of any such Government Corporation Company or person as aforesaid hereunder or any such award as aforesaid then (except in any case and as to any matter for which other provision is hereinbefore made) the subject of every such dispute difference or question shall in every case on the demand in writing of either party be referred to the arbitration and award of an umpire if the parties can agree to an umpire and in case they cannot so agree then of three arbitrators one to be appointed by each party to the reference and the third by the two arbitrators so appointed or (if such two arbitrators fail for one month after their appointment to appoint such third arbitrator) by His Majesty's Secretary of State for the Colonies for the time being. The decision of such umpire or arbitrators or of any two of such arbitrators as the case may be shall be final and without appeal and binding upon all parties. If either party to any such dispute difference or question make default in appointing an arbitrator within three months after the other party has given him or them notice to appoint the same the party who has appointed an arbitrator may appoint that arbitrator to act as sole arbitrator in the reference and his award shall be final and binding on all parties and all the provisions herein contained with reference to the proceedings of two arbitrators and an umpire shall mutatis mutandis be applicable to such sole arbitrator.

35. The arbitrators and umpire shall have full power to make if they or he think fit several awards instead of one award and every such award though not on the whole matter shall be final so far as it extends and as if the matter awarded on were the whole matter referred.

36. The arbitrators and umpire shall have full power to proceed in the absence of both or either of the parties after giving to both parties such notice as the arbi- trators or umpire may think sufficient of their or his intention to proceed.

37.

The arbitrators and umpire shall have full power to inspect the books documents and accounts of both parties and examine on oath or aflirmation or on statutory declaration in lieu of oath the officers agents servants and witnesses of the parties respectively.

38. The costs of the reference and the awards shall be in the discretion of the arbitrators and umpire and such costs may be awarded as between solicitor and client.

(Clauses 58-62 of the Contract are identical with the above Clauses of the Lease.)

British Guiana.—Contract for Local Steam Services, 1911.

Clause 50. If at any time hereafter any dispute difference or question shall arise between the Government or any person or persons or corporation or corpora-

21

tions claiming through or under the Government on the one hand and the Contractors or any person or persons or corporation or corporations claiming through or under the Contractors on the other hand touching the construction meaning or effect of this Contract or any clause or thing herein contained or the rights or liabilities of the Government or of the Contractors or of any such person or corporation as afore- said under this Contract or otherwise howsoever in relation to the premises ther every such dispute difference or question shall be referred to the arbitration of two indifferent persons one to be appointed by cach party to the reference and of an Umpire to be appointed by the Arbitrators in writing. And if either party shall refuse or neglect to appoint an Arbitrator within 21 days after the other party shall have appointed an Arbitrator and shall have served a written notice upon the first-men- tioned party requiring such party to make such appointment then the Arbitrator appointed as aforesaid shall at the request of the party appointing him proceed to hear and determine the matters in difference as if he were an Arbitrator appointed by both parties for that purpose and the Award or determination which shall be made by the said Arbitrators Arbitrator or Umpire shall be final and binding upon the Government and the Contractors and all parties claiming through or under them respectively so as such Arbitrators or Arbitrator shall make their or his Award in writing within 60 days next after the reference to them or him or on or before any later day to which the said Arbitrators or Arbitrator by any writing signed by them or him shall enlarge the time for making their or his Award and so as such Umpire shall make his Award or determination in writing within 40 days next after the original or extended time appointed for making the Award of the said Arbitrators or Arbitrator shall have expired or on or before any later day to which the Umpire shall by any writing signed by him enlarge the time for making his Award. And no action or legal proceeding shall be commenced or prosecuted by the Government or any person or corporation claiming through or under the Govern-

• ment on the one hand or the Contractors or any person or corporation claiming through or under the Contractors on the other hand against the other of them touching any of the said matters in difference unless the party to be made Defendant to such Action or proceedings shall have refused or neglected to refer such matters to Arbitration pursuant to the provision hereinbefore contained or unless the time limited for making such Award as aforesaid shall have expired without any such Award being made and the respective parties to such reference and all persons or corporations claiming through them respectively (including in the case of a cor- poration claiming through the Contractors its directors members secretary clerks officers and employees) shall submit to be examined by the said Arbitrators Arbi- trator or Umpire upon oath or affirmation in relation to the matters in dispute and shall produce before the Arbitrators Arbitrator or Umpire all books deeds papers accounts writings and documents within the possession or power of the said respective parties which may be required or called for and do all other things which during the proceedings on the said reference the said Arbitrators Arbitrator or Umpire may require and the witnesses on the reference shall if the Arbitrators Arbitrator or Umpire shall think fit be examined on oath or affirmation and the costs of the reference and award shall be in the discretion of the Arbitrators Arbi trator or Umpire who may direct to and by whom and in what manner the same or any part thereof shall be paid and with power to tax or settle the amount of costs to be so paid or any part thereof and to award costs to be paid as between Solicitor and Client or on any other footing. Provided always that unless in any case the Government shall otherwise determine the provisions of this Clause shall not be applicable or apply to any questions arising under or in connection with Clauses 3 (c), 34, 35, 36, 40 and 41 respectively of this Contract, and shall not prejudice or affect any proceedings which may be taken under the said Clause 36 to recover any fine or penalty therein referred to.

Trinidad. (See West Indian No. 180.)

(a) Draft Prospecting Licence (Oil).

If at any time during the continuance of this licence or after the determination thereof any question or dispute shall arise regarding this licence or any matter or thing connected herewith or the powers duties or liabilities of the Licensees here under or the amount or payment of any rent or royalty then and in all such cases the matter in difference shall be referred to the decision of two referees or their umpire pursuant to the provisions of the Arbitration Ordinance No. 41.

1

(b) Draft Mining Lease (Schedule).

PART IX. GENERAL PROVISIONS.