(a) This chapter shall apply only to the arbitration, mediation, or conciliation of disputes between:

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Terms Used In Hawaii Revised Statutes 658D-4

  • Contract: A legal written agreement that becomes binding when signed.
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Written undertaking to arbitrate: shall mean a writing in which a person undertakes to submit a dispute to arbitration, without regard to whether that undertaking is sufficient to sustain a valid and enforceable contract or is subject to defenses. See Hawaii Revised Statutes 658D-5
(1) Two or more persons at least one of whom is a nonresident of the United States; or
(2) Two or more persons all of whom are residents of the United States if the dispute:

(A) Involves property located outside the United States;
(B) Relates to a contract which envisages enforcement or performance in whole or in part outside the United States; or
(C) Bears some other relation to one or more foreign countries.
(b) Notwithstanding subsection (a), this chapter shall not apply to the arbitration, mediation, or conciliation of:

(1) Any dispute pertaining to the ownership, use, development, or possession of, or a lien of record upon, real property located in this State, unless the parties in writing expressly submit the resolution of that dispute to this chapter; or
(2) Any dispute involving domestic (family) relations.
(c) If in any arbitration within the scope of this chapter reference must, under applicable conflict of laws principles, be made to the arbitration law of this State, such reference shall be to this chapter.
(d) This chapter shall apply to any arbitration within the scope of this chapter, without regard to whether the place of arbitration is within or without this State:

(1) If the written undertaking to arbitrate expressly provides that the law of this State shall apply;
(2) In the absence of a choice of law provision applicable to the written undertaking to arbitrate, if that undertaking forms part of a contract the interpretation of which is to be governed by the laws of this State; or
(3) In any other case, if any arbitral tribunal or other panel established pursuant to § 658D-7 decides under applicable conflict of laws principles that the arbitration shall be conducted in accordance with the laws of this State.
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