(a) A motion for judicial relief under this chapter shall be made to the court in which a proceeding is pending involving a family law dispute subject to arbitration or, if no proceeding is pending, a court with jurisdiction over the parties and the subject matter.
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Terms Used In Hawaii Revised Statutes 658J-7

  • Arbitration agreement: means an agreement that subjects a family law dispute to arbitration. See Hawaii Revised Statutes 658J-2
  • 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
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Party: means an individual who signs an arbitration agreement and whose rights will be determined by an award. See Hawaii Revised Statutes 658J-2
(b) Upon motion of a party, the court may compel arbitration if the parties have entered into an arbitration agreement that complies with § 658J-5 unless the court determines under § 658J-12 that the arbitration should not proceed.
(c) Upon motion of a party, the court shall terminate arbitration if it determines that:

(1) The arbitration agreement is unenforceable;
(2) The family law dispute is not subject to arbitration; or
(3) Under § 658J-12, the arbitration should not proceed.
(d) Unless prohibited by an arbitration agreement, upon motion of a party, the court may order consolidation of separate arbitrations involving the same parties and a common issue of law or fact if necessary for the fair and expeditious resolution of the family law dispute.

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