Synopsis   History "Lance Paul Larsen vs. the Hawaiian Kingdom"
Permanent Court of Arbitration, The Hague
News   Arbitral Log



AGREEMENT BETWEEN PLAINTIFF LANCE PAUL LARSEN AND
DEFENDANT HAWAIIAN KINGDOM TO SUBMIT THE DISPUTE
TO FINAL AND BINDING ARBITRATION AT THE PERMANENT
COURT OF ARBITRATION AT THE HAGUE, THE NETHERLANDS

Plaintiff LANCE PAUL LARSEN, a Hawaiian subject, and Defendant HAWAIIAN KINGDOM, hereinafter named "the Parties," have agreed as follows:

I. FUNDAMENTAL PROVISIONS

ARTICLE 1

  1. The Parties agree to submit the following dispute alleged in the Complaint for Injunctive Relief filed on August 4, 1999, to final and binding arbitration in accordance with the Permanent Court of Arbitration Optional Rules for Arbitrating Disputes between the Two Parties of which Only One Is a State, as in effect on the date of this agreement:
    1. Lance Paul Larsen, a Hawaiian subject, alleges that the Government of the Hawaiian Kingdom is in continual violation of its 1849 Treaty of Friendship, Commerce and Navigation with the United States of America, and in violation of the principles of international law laid in the Vienna Convention on the Law of Treaties, 1969, by allowing the unlawful imposition of American municipal laws over claimant's person within the territorial jurisdiction of the Hawaiian Kingdom.
    2. Lance Paul Larsen, a Hawaiian subject, alleges that the Government of the Hawaiian Kingdom is also in continual violation of the principles of international comity by allowing the unlawful imposition of American municipal laws over the claimant's person within the territorial jurisdiction of the Hawaiian Kingdom.
  2. The Parties commit themselves to abide by the decision of the Arbitral Tribunal.
II. ARBITRATION

ARTICLE 2

  1. The Arbitral Tribunal shall sit at the Permanent Court of Arbitration at The Hague, the Netherlands.
  2. The Arbitral Tribunal shall consist of one arbitrator to be chosen by Keoni Agard, Esq., a Hawaiian national, who shall select the Arbitral Tribunal in conformity with Article 6, section 3 of the Optional Rules for Arbitrating Disputes between the Two Parties of which Only One Is a State.
  3. The International Bureau of the Permanent Court of Arbitration at The Hague shall act as a channel of communications between the parties and the Arbitral Tribunal, and provide secretariat including, inter alia, arranging for hearing rooms and stenographic or electronic records of hearings.
ARTICLE 3
  1. The Arbitral Tribunal is requested to provide rulings in two stages, in accordance with International law and Hawaiian Kingdom law.
  2. The first stage shall result in an award on the verification of the dominion of the Hawaiian Kingdom. The Arbitral Tribunal shall decide territorial sovereignty in accordance with the principles, rules and practices of international law applicable to the matter, and on the basis, in particular, of historic titles.
  3. The second stage shall result in an award of the dispute specified in section 1(a) and 1(b) of article 1 above. The Arbitral Tribunal shall decide taking into account the opinion that it will have formed on questions of territorial sovereignty, the Vienna Convention on the Law of Treaties, 1969, and any other pertinent factors.
  4. The Arbitral Tribunal can consult experts of its choice.
ARTICLE 4
  1. The written and oral pleadings before the Arbitral Tribunal shall be in English. Decisions of the Tribunal shall be in English.
  2. All written pleadings and verbatim transcripts of the oral proceedings and all the deliberations of the Arbitral Tribunal shall be made public.
  3. Members of the Public shall be admitted to the oral proceedings.
ARTICLE 5
    The Parties agree that the costs incurred pursuant to Articles 38 to 40 of the Optional Rules for Arbitrating Disputes between the Two Parties of which Only One Is a State shall be borne entirely by the Plaintiff, Mr. Lance Paul Larsen, a Hawaiian subject, unless hereafter determined by mutual consent of the Parties.
ARTICLE 6
    Nothing in this Agreement can be interpreted as being detrimental to the legal positions or the rights of each Party with respect to the questions submitted to the Arbitral Tribunal, nor can affect or prejudice the decision of the Arbitral Tribunal or the considerations and grounds on which that decision is based.
ARTICLE 7
  1. This Arbitration Agreement shall enter into force upon the date of the signatures of both Parties or its representative(s).
  2. The Arbitral Tribunal shall apply the provisions of this Arbitration Agreement.
ARTICLE 8
  1. The Parties agree that Lance Paul Larsen, a Hawaiian subject, or by his representative, shall draft the necessary "Notice of Arbitration" and take the necessary steps thereafter in accordance with Article 3 of the Optional Rules for Arbitrating Disputes between the Two Parties of which Only One Is a State, within one week of the signing of this agreement.
  2. A copy of this Agreement shall be attached to the Notice of Arbitration.

     In witness whereof, the undersigned, being duly authorized thereto, have signed this Agreement.

     Done at Honolulu, this 30th day of October, 1999.

                        [signed]  Ninia Parks, Esq.
                                  Attorney for 
                                  Lance Paul Larsen

                        [signed]  Gary V. Dubin, Esq.
                                  Attorney General, 
                                  Hawaiian Kingdom


Synopsis   History "Lance Paul Larsen vs. the Hawaiian Kingdom"
Permanent Court of Arbitration, The Hague
News   Arbitral Log

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