Hostname: page-component-78c5997874-ndw9j Total loading time: 0 Render date: 2024-11-06T05:06:37.035Z Has data issue: false hasContentIssue false

Larsen v. The Hawaiian Kingdom

Arbitration Tribunals.  05 February 2001 .

Published online by Cambridge University Press:  01 January 2021

Get access

Abstract

Arbitration — Constitution — Permanent Court of Arbitration — Optional Rules for Arbitrating Differences between Two Parties of which Only One is a State — UNCITRAL Rules — Whether available for disputes of a non-commercial, non-contractual character

Arbitration — Nature of arbitral proceedings — Jurisdiction — Requirement of a justiciable dispute — Purpose of tribunal to decide disputes, not to answer abstract questions — Whether arbitral tribunal entitled to decide issue where the very subject matter is the rights and obligations of a State not party to the proceedings

Arbitration — Procedure — Power of tribunal to determine procedure — Whether parties can override procedural decisions of tribunal by agreement

States — Existence — Recognition — Continuity — Extinction — Hawaiian Kingdom — Whether a State during the nineteenth century — Annexation by United States of America — Whether Hawaiian Kingdom extinguished thereby — Whether annexation valid — Whether arbitral tribunal entitled to determine that question in the absence of the United States of America

Type
Case Report
Copyright
© Cambridge University Press 2002

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)