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Haw. Rev. Stat. § 658A-6

Validity of agreement to arbitrate

Applied in 2 court decisions — leading case 297 F. Supp. 2d 1259 - Goldstein v. Hawai'i Medical Service Ass'n (2003)

Most recently applied in 563 F. App'x 564 - Seven Signatures General Partnership v. Irongate Azrep BW LLC (March 2014)

L 2001, c 265, pt of §1

(a) An agreement contained in a record to submit to arbitration any existing or subsequent controversy arising between the parties to the agreement is valid, enforceable, and irrevocable except upon a ground that exists at law or in equity for the revocation of a contract.

(b) The court shall decide whether an agreement to arbitrate exists or a controversy is subject to an agreement to arbitrate.

(c) An arbitrator shall decide whether a condition precedent to arbitrability has been fulfilled and whether a contract containing a valid agreement to arbitrate is enforceable.

(d) If a party to a judicial proceeding challenges the existence of, or claims that a controversy is not subject to, an agreement to arbitrate, the arbitration proceeding may continue pending final resolution of the issue by the court, unless the court otherwise orders.

Official source: Hawaii State Legislature. Reproduced from public-domain Hawaii statutes; confirm against the official source for the current text. Not legal advice.