§658A-15 Arbitration process. (a) An arbitrator may conduct an arbitration in such manner as the arbitrator considers appropriate for a fair and expeditious disposition of the proceeding. The authority conferred upon the arbitrator includes the power to hold conferences with the parties to the arbitration proceeding before the hearing and, among other matters, determine the admissibility, relevance, materiality, and weight of any evidence.
(b) An arbitrator may decide a request for summary disposition of a claim or particular issue:
(1) If all interested parties agree; or
(2) Upon request of one party to the arbitration proceeding if that party gives notice to all other parties to the proceeding, and the other parties have a reasonable opportunity to respond.
(c) If an arbitrator orders a hearing, the arbitrator shall set a time and place and give notice of the hearing not less than five days before the hearing begins. Unless a party to the arbitration proceeding makes an objection to lack or insufficiency of notice not later than the beginning of the hearing, the party's appearance at the hearing waives the objection. Upon request of a party to the arbitration proceeding and for good cause shown, or upon the arbitrator's own initiative, the arbitrator may adjourn the hearing from time to time as necessary but shall not postpone the hearing to a time later than that fixed by the agreement to arbitrate for making the award unless the parties to the arbitration proceeding consent to a later date. The arbitrator may hear and decide the controversy upon the evidence produced although a party who was duly notified of the arbitration proceeding did not appear. The court, on request, may direct the arbitrator to conduct the hearing promptly and render a timely decision.
(d) At a hearing under subsection (c), a party to the arbitration proceeding has a right to be heard, to present evidence material to the controversy, and to cross-examine witnesses appearing at the hearing.
(e) If an arbitrator ceases or is unable to act during the arbitration proceeding, a replacement arbitrator shall be appointed in accordance with section 658A-11 to continue the proceeding and to resolve the controversy. [L 2001, c 265, pt of §1]
Structure Hawaii Revised Statutes
Title 36. Civil Remedies and Defenses and Special Proceedings
658A-4 Effect of agreement to arbitrate; nonwaivable provisions
658A-5 Application for judicial relief
658A-6 Validity of agreement to arbitrate
658A-7 Motion to compel or stay arbitration
658A-9 Initiation of arbitration
658A-10 Consolidation of separate arbitration proceedings
658A-11 Appointment of arbitrator; service as a neutral arbitrator
658A-12 Disclosure by arbitrator
658A-14 Immunity of arbitrator; competency to testify; attorney's fees and costs
658A-16 Representation by lawyer
658A-17 Witnesses; subpoenas; depositions; discovery
658A-18 Judicial enforcement of pre-award ruling by arbitrator
658A-20 Change of award by arbitrator
658A-21 Remedies; fees and expenses of arbitration proceeding
658A-24 Modification or correction of award
658A-25 Judgment on award; attorney's fees and litigation expenses
658A-29 Relationship to Electronic Signatures in Global and National Commerce Act