(a) An arbitration agreement shall:

lawyer at desk

Ask a legal question, get an answer ASAP!
Click here to chat with a lawyer about your rights.

Terms Used In Hawaii Revised Statutes 658J-5

  • Arbitration agreement: means an agreement that subjects a family law dispute to arbitration. See Hawaii Revised Statutes 658J-2
  • Arbitration organization: means an association, agency, board, commission, or other entity that is neutral and initiates, sponsors, or administers an arbitration or is involved in the selection of an arbitrator. See Hawaii Revised Statutes 658J-2
  • Arbitrator: means an individual selected, alone or with others, to make an award in a family law dispute that is subject to an arbitration agreement. See Hawaii Revised Statutes 658J-2
  • Child-related dispute: means a family law dispute regarding child custody, visitation, or financial support regarding a child, under section 571-46, § 576D-7, or chapter 583A. See Hawaii Revised Statutes 658J-2
  • Contract: A legal written agreement that becomes binding when signed.
  • Court: means the family court of this State. See Hawaii Revised Statutes 658J-2
  • Family law dispute: means a contested issue arising under the family and domestic relations laws of this State. See Hawaii Revised Statutes 658J-2
  • Party: means an individual who signs an arbitration agreement and whose rights will be determined by an award. See Hawaii Revised Statutes 658J-2
(1) Be in a record signed by the parties;
(2) Identify the arbitrator, an arbitration organization, or a method of selecting an arbitrator; and
(3) Identify the family law dispute the parties intend to arbitrate.
(b) Except as otherwise provided in subsection (c), an agreement in a record to arbitrate a family law dispute that arises between the parties before, at the time, or after the agreement is made is valid and enforceable as any other contract and irrevocable except on a ground that exists at law or in equity for the revocation of a contract.
(c) An agreement to arbitrate a child-related dispute that arises between the parties after the agreement is made is unenforceable unless:

(1) The parties affirm the agreement in a record after the dispute arises; or
(2) The agreement was entered during a family law proceeding and the court approved or incorporated the agreement in an order issued in the proceeding.
(d) If a party objects to arbitration on the ground the arbitration agreement is unenforceable or the agreement does not include a family law dispute, the court shall decide whether the agreement is enforceable or includes the family law dispute.

  Previous
Next  
 Chapter 658J Contents