(a) Except as otherwise provided in subsections (b) and (c), a party to an agreement to arbitrate or to an arbitration proceeding may waive, or the parties may vary the effect of, the requirements of this chapter to the extent permitted by law.
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Terms Used In Hawaii Revised Statutes 658A-4

  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Testify: Answer questions in court.
(b) Before a controversy arises that is subject to an agreement to arbitrate, a party to the agreement shall not:

(1) Waive or agree to vary the effect of the requirements of section 658A-5(a), 658A-6(a), 658A-8, 658A-17(a), 658A-17(b), 658A-26, or 658A-28;
(2) Agree to unreasonably restrict the right under § 658A-9 to notice of the initiation of an arbitration proceeding;
(3) Agree to unreasonably restrict the right under § 658A-12 to disclosure of any facts by a neutral arbitrator; or
(4) Waive the right under § 658A-16 of a party to an agreement to arbitrate to be represented by a lawyer at any proceeding or hearing under this chapter, but an employer and a labor organization may waive the right to representation by a lawyer in a labor arbitration.
(c) A party to an agreement to arbitrate or arbitration proceeding shall not waive, or the parties shall not vary the effect of, the requirements of this section or section 658A-3(a) or (c), 658A-7, testify; attorney’s fees and costs” class=”unlinked-ref” datatype=”S” sessionyear=”2019″ statecd=”HI”>658A-14, 658A-18, 658A-20(d) or (e), 658A-22, 658A-23, 658A-24, litigation expenses” class=”unlinked-ref” datatype=”S” sessionyear=”2019″ statecd=”HI”>658A-25(a) or (b), or 658A-29.

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