Public-domain · open source
OpenJurist

Haw. Rev. Stat. § 658J-5

Arbitration agreement

Known as the Uniform Family Law Arbitration Act

The act spans §§ 658J-1 to 658J-9 (27 sections).

L 2017, c 113, pt of §1

(a) An arbitration agreement shall:

(1) Be in a record signed by the parties;

(2) Identify the arbitrator, an arbitration organization, or a method of selecting an arbitrator; and

(3) Identify the family law dispute the parties intend to arbitrate.

(b) Except as otherwise provided in subsection (c), an agreement in a record to arbitrate a family law dispute that arises between the parties before, at the time, or after the agreement is made is valid and enforceable as any other contract and irrevocable except on a ground that exists at law or in equity for the revocation of a contract.

(c) An agreement to arbitrate a child-related dispute that arises between the parties after the agreement is made is unenforceable unless:

(1) The parties affirm the agreement in a record after the dispute arises; or

(2) The agreement was entered during a family law proceeding and the court approved or incorporated the agreement in an order issued in the proceeding.

(d) If a party objects to arbitration on the ground the arbitration agreement is unenforceable or the agreement does not include a family law dispute, the court shall decide whether the agreement is enforceable or includes the family law dispute.

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