(a) Before agreeing to serve as an arbitrator, an individual, after making reasonable inquiry, shall make all disclosures as required by § 658A-12.

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Terms Used In Hawaii Revised Statutes 658J-9

  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • 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
  • Court: means the family court of this State. See Hawaii Revised Statutes 658J-2
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Party: means an individual who signs an arbitration agreement and whose rights will be determined by an award. See Hawaii Revised Statutes 658J-2
  • Person: means an individual; estate; business or nonprofit entity; public corporation; government or governmental subdivision, agency, or instrumentality; or any other legal entity. See Hawaii Revised Statutes 658J-2
  • State: means a state of the United States, the District of Columbia, Guam, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. See Hawaii Revised Statutes 658J-2
(b) An arbitrator, the parties, and the attorneys representing the parties have a continuing obligation to disclose to all parties any known fact that a reasonable person would believe is likely to affect the impartiality of the arbitrator or the arbitrator’s ability to make a timely award.
(c) An objection to the selection or continued service of an arbitrator and a motion for a stay of arbitration and disqualification of the arbitrator shall be made under the law and procedural rules of this State other than this chapter governing arbitrator disqualification.
(d) If a disclosure required by subsection (a) or (b) is not made, the court may:

(1) Upon motion of a party no later than thirty days after the failure to disclose is known or by the exercise of reasonable care should have been known to the party, suspend the arbitration;
(2) Upon timely motion of a party, vacate an award under section amendment by court of unconfirmed award” class=”unlinked-ref” datatype=”S” sessionyear=”2022″ statecd=”HI”>658J-19(a)(2); or
(3) If an award has been confirmed, grant other appropriate relief under law of this State other than this chapter.
(e) If the parties agree to discharge an arbitrator or the arbitrator is disqualified or resigns, the parties by agreement may select a new arbitrator or request the court to select another arbitrator as provided in § 658J-8.