§658A-4 Effect of agreement to arbitrate; nonwaivable provisions. (a) Except as otherwise provided in subsections (b) and (c), a party to an agreement to arbitrate or to an arbitration proceeding may waive, or the parties may vary the effect of, the requirements of this chapter to the extent permitted by law.
(b) Before a controversy arises that is subject to an agreement to arbitrate, a party to the agreement shall not:
(1) Waive or agree to vary the effect of the requirements of section 658A-5(a), 658A-6(a), 658A-8, 658A-17(a), 658A-17(b), 658A-26, or 658A-28;
(2) Agree to unreasonably restrict the right under section 658A-9 to notice of the initiation of an arbitration proceeding;
(3) Agree to unreasonably restrict the right under section 658A-12 to disclosure of any facts by a neutral arbitrator; or
(4) Waive the right under section 658A-16 of a party to an agreement to arbitrate to be represented by a lawyer at any proceeding or hearing under this chapter, but an employer and a labor organization may waive the right to representation by a lawyer in a labor arbitration.
(c) A party to an agreement to arbitrate or arbitration proceeding shall not waive, or the parties shall not vary the effect of, the requirements of this section or section 658A-3(a) or (c), 658A-7, 658A-14, 658A-18, 658A-20(d) or (e), 658A-22, 658A-23, 658A-24, 658A-25(a) or (b), or 658A-29. [L 2001, c 265, pt of §1; am L 2002, c 16, §27]
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