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


AMENDMENT TO SPECIAL AGREEMENT of January 25, 2000

Whereas, at a meeting held in Honolulu, Hawaiian Kingdom, on 24 January 2000, and attended by Ms. Ninia Parks, Esquire, attorney for Lance Paul Larsen, and His Excellency David Keanu Sai, Agent for the Hawaiian Kingdom, acting on behalf of the respective Parties, agreed to increase the composition of the arbitral tribunal from one (1) arbitrator to three (3) arbitrators;

Therefore, Lance Paul Larsen and The Hawaiian Kingdom, by their respective undersigned Counsel and Agent, hereby amend their "Special Agreement," executed on January 25, 2000, by agreeing and stipulating that Article I of said referenced Special Agreement is hereby amended by striking out the entire article and in its place and stead thereof inserting,

"ARTICLE I
THE ARBITRAL TRIBUNAL

  1. The Arbitral Tribunal shall sit at The Hague, Netherlands.

  2. The Arbitral Tribunal shall consist of three (3) arbitrators, one (1) to be chosen by each of the Parties by their appointing authority, Mr. Keoni Agard, and the two (2) arbitrators thus appointed shall choose the third arbitrator who will act as the presiding arbitrator of the tribunal.

  3. The following list-procedure shall be used in the selection of the arbitrators by the Parties:

    1. The appointing authority shall communicate to both Parties an identical list containing the full names, addresses and nationalities of prospective arbitrators, together with a description of their qualifications;

    2. Within fifteen days after the receipt of this list, each Party may return the list to the appointing authority after having deleted the name or names to which he objects and numbered the remaining names on the list in the order of preference;

    3. After the expiration of the above period of time the appointing authority shall appoint the two (2) arbitrators from among the names approved on the lists returned to it and in accordance with the order of preference indicated by the Parties;

    4. If for any reason the appointment cannot be made according to this procedure, the appointing authority may exercise its discretion in appointing the two (2) arbitrators.

  4. The Arbitral Tribunal may consult any experts of its choice after notice to the Parties. Such experts shall perform their functions impartially and conscientiously.

  5. 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."

In witness whereof, the undersigned, being duly authorized thereto, have signed this Amendment to the Special Agreement of January 25, 2000.

Done at Honolulu, this 28th day of February, 2000.

[signed]Ninia Parks, Esquire
Attorney for Lance P. Larsen,
Claimant
 
[signed]David Keanu Sai
Agent for the Hawaiian Kingdom,
Respondent


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


http://www.AlohaQuest.com/arbitration/special_agreement_amendment.htm