KEONI KEALOHA AGARD
APPOINTING AUTHORITY
716 Keolu Drive
Kailua, Hawai'i 96734
Telephone/Fax: (808) 261-4751

February 29, 2000

Ian Brownlie
Address?
Telephone #011-44-17158311770
Fax # 011-44-02078227350

Re: Larsen v. Hawaiian Kingdom, Arbitral Proceedings Permanent Court of Arbitration

Dear Mr. Brownlie:

   As appointing authority in this international arbitration proceeding I am pleased to transmit this message. Pursuant to our conversation early this morning I am writing to confirm our discussion.

   You advised me that you had spoken to Phyllis Hamilton, deputy secretary general, at the Hague, and had advised her that you saw no conflict on your part; that she would be sending materials for your review.

   I clarified that there will be three arbitrators, not one handling this proceeding; that the parties would select one each and that those selected would determine the third arbitrator. I will transmit the Special Agreement dated 1/25/2000 for your review. I agreed to refer you to a website that will assist you in getting familiar with this case at: alohaquest.com/arbitration.

   You will be referred to an arbitral log from which you can click on the pleadings and correspondence pertaining to this proceeding. We ask that you review this material carefully and direct your attention to the 1/25/2000 Special Agreement which amends the original issue to be presented.

   Currently, the specific issue before the arbitral tribunal is on the basis of the Hague Conventions IV and V of 18 October 1907, and the rules and principles of international law, whether the rights of the Claimant under international law as a Hawaiian subject are being violated, and if so, does he have any redress against the Respondent Government of the Hawaiian Kingdom?

   I advised you that all expenses would be covered by the parties hereto, while you stated that the parties would have to speak to your senior clerk to negotiate terms of your compensation or fees.

   I further advised on the tentative timetable for submissions to the Permanent Court of Arbitration (PCA) as follows:

Timeframe:

4/25 memorials 6/10 counter-memorials 7/10 oral hearings (estimated one week)

   There are other matters that you should be aware of including the fact that the amount of $20,000.00 has already been deposited at International Bureau at the Hague to cover upfront expenses for this proceeding.

   On an historical note, in 1843 at the Court of London, the countries of Great Britain, Ireland and France recognized the Hawaiian Kingdom as an Independent State and admitted same into the family of nations.

   Finally, the respondent will be raising the example of the German- Belgium mixed arbitral tribunal held after WWI and intends to show parallels to the United States-Hawaiian Kingdom situation.

   I inquired into whether you may be interested in serving as one of three arbitrators in this proceeding. You responded by stating that you are waiting to get further information from Ms.Hamilton upon her return on 3/5/2000. In the interim you will review the website materials and after she returns you will be contacting me soon thereafter.

   Please contact me if you have any questions at (808) 261-4751, or at agardl001@hawaii.rr.com.

Sincerely,

[signed]
Keoni K. Agard
Appointing Authority

 

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