Title 36, Civil Remedies And Defenses And Special Proceedings

[§658A-17] Witnesses; subpoenas; depositions; discovery. (a) An arbitrator may issue a subpoena for the attendance of a witness and for the production of records and other evidence at any hearing and may administer oaths. A subpoena shall be served in the manner for service of su…

[§658A-18] Judicial enforcement of pre-award ruling by arbitrator. If an arbitrator makes a pre-award ruling in favor of a party to the arbitration proceeding, the party may request the arbitrator to incorporate the ruling into an award under section 658A-19. A prevailing party m…

[§658A-19] Award. (a) An arbitrator shall make a record of an award. The record shall be signed or otherwise authenticated by any arbitrator who concurs with the award. The arbitrator or the arbitration organization shall give notice of the award, including a copy of the award, t…

[§658A-2] Notice. (a) Except as otherwise provided in this chapter, a person gives notice to another person by taking action that is reasonably necessary to inform the other person in ordinary course, whether or not the other person acquires knowledge of the notice. (b) A person …

[§658A-20] Change of award by arbitrator. (a) On motion to an arbitrator by a party to an arbitration proceeding, the arbitrator may modify or correct an award: (b) A motion under subsection (a) shall be made and notice given to all parties within twenty days after the movant rec…

[§658A-21] Remedies; fees and expenses of arbitration proceeding. (a) An arbitrator may award punitive damages or other exemplary relief if such an award is authorized by law in a civil action involving the same claim and the evidence produced at the hearing justifies the award u…

[§658A-22] Confirmation of award. After a party to an arbitration proceeding receives notice of an award, the party may make a motion to the court for an order confirming the award at which time the court shall issue a confirming order unless the award is modified or corrected pu…

[§658A-23] Vacating award. (a) Upon motion to the court by a party to an arbitration proceeding, the court shall vacate an award made in the arbitration proceeding if: (b) A motion under this section shall be filed within ninety days after the movant receives notice of the award …

[§658A-24] Modification or correction of award. (a) Upon motion made within ninety days after the movant receives notice of the award pursuant to section 658A-19 or within ninety days after the movant receives notice of a modified or corrected award pursuant to section 658A-20, t…

[§658A-25] Judgment on award; attorney's fees and litigation expenses. (a) Upon granting an order confirming, vacating without directing a rehearing, modifying, or correcting an award, the court shall enter a judgment in conformity therewith. The judgment may be recorded, dockete…

[§658A-26] Jurisdiction. (a) A court of this State having jurisdiction over the controversy and the parties may enforce an agreement to arbitrate. (b) An agreement to arbitrate providing for arbitration in this State confers exclusive jurisdiction on the court to enter judgment o…

[§658A-27] Venue. A motion pursuant to section 658A-5 shall be made in the court of the circuit in which the agreement to arbitrate specifies the arbitration hearing is to be held or, if the hearing has been held, in the court of the circuit in which it was held. Otherwise, the m…

[§658A-28] Appeals. (a) An appeal may be taken from: (b) An appeal under this section shall be taken as from an order or a judgment in a civil action. [L 2001, c 265, pt of §1]

[§658A-29] Relationship to Electronic Signatures in Global and National Commerce Act. The provisions of this chapter governing the legal effect, validity, and enforceability of electronic records or electronic signatures, and of contracts performed with the use of such records or…

§658A-3 When chapter applies. (a) Except as provided in subsection (c), this chapter governs an agreement to arbitrate made on or after July 1, 2002. (b) This chapter governs an agreement to arbitrate made before July 1, 2002, if all the parties to the agreement or to the arbitra…

§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 t…

[§658A-5] Application for judicial relief. (a) Except as otherwise provided in section 658A-28, an application for judicial relief under this chapter shall be made by motion to the court and heard in the manner provided by law or rule of court for making and hearing motions. (b) …

[§658A-6] Validity of agreement to arbitrate. (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 e…

[§658A-7] Motion to compel or stay arbitration. (a) On motion of a person showing an agreement to arbitrate and alleging another person's refusal to arbitrate pursuant to the agreement: (b) On motion of a person alleging that an arbitration proceeding has been initiated or threat…

[§658A-8] Provisional remedies. (a) Before an arbitrator is appointed and is authorized and able to act, the court, upon motion of a party to an arbitration proceeding and for good cause shown, may enter an order for provisional remedies to protect the effectiveness of the arbitr…

[§658A-9] Initiation of arbitration. (a) A person initiates an arbitration proceeding by giving notice in a record to the other parties to the agreement to arbitrate in the agreed manner between the parties or, in the absence of agreement, by certified or registered mail, return …

[§658B-1] Definitions. In this chapter: "Action" means a judicial proceeding or arbitration in which a money payment may be awarded or enforced in respect of a foreign-money claim. "Conversion date" means the banking day next before the date on which money is, in accordance with …

[§658B-10] Enforcement of foreign judgments. (a) Subject to subsections (b) and (c), if an action is brought to enforce a judgment of another jurisdiction expressed in a foreign money and the judgment is recognized in this State as enforceable, the enforcing judgment must be ente…

[§658B-11] Temporarily determining the United States dollar value of foreign-money claims for limited purposes. (a) For the limited purpose of facilitating the enforcement of provisional remedies in an action, (1) the value in United States dollars of assets to be seized or restr…

[§658B-12] Effect of currency revalorizations. (a) If, after an obligation is expressed or a loss is incurred in a foreign money, the country issuing or adopting that money substitutes a new money in place of that money, the obligation or the loss is treated as if expressed or in…

[§658B-13] Supplementary general principles of law. Unless displaced by particular provisions of this chapter, the principles of law and equity, including the law merchant, and the law relative to capacity to contract, principal and agent, estoppel, fraud, misrepresentation, dure…

[§658B-14] Short title. This chapter may be cited as the Uniform Foreign-Money Claims Act. [L 1990, c 50, pt of §1]

[§658B-2] Scope. (a) This chapter applies only to a foreign-money claim in an action or distribution proceeding. (b) This chapter applies to foreign-money issues notwithstanding the law applicable under the conflict of laws rules of this State to other issues in the action or dis…

[§658B-3] Variation by agreement. (a) The effect of provisions of this chapter may be varied by agreement of the parties made at any time before or after commencement of an action, commencement of a distribution proceeding, or the entry of judgment. (b) The parties may agree upon…

[§658B-4] Determining the money of the claim. (a) Except as provided by subsection (b), the proper money of the claim is, as in each case may be appropriate, the money: (b) The money in which the parties have contracted that a payment be made is the proper money of the claim for …

[§658B-5] Determining the amount of the money of certain contract claims. (a) If an amount contracted to be paid in a foreign money is measured by a specified amount of a different money, the amount to be paid is determined on the conversion date. (b) If an amount contracted to b…

[§658B-6] Asserting and defending a foreign-money claim. (a) A claimant may assert a claim in a specified foreign money. If a foreign money is not asserted, the claimant makes a claim for a judgment in United States dollars. (b) An opposing party may allege and prove that the cla…

[§658B-7] Judgments and awards on foreign-money claims; times of money conversion; form of judgment. (a) Except as provided in subsection (c), a judgment or arbitration award on a foreign-money claim must be stated in an amount of the money of the claim. (b) The judgment or award…

[§658B-8] Conversions of foreign money in a distribution proceeding. The rate of exchange prevailing at or near the closing of business on the day the proceeding is initiated shall govern all exchanges of foreign money in a distribution proceeding. A foreign-money claimant in a d…

[§658B-9] Prejudgment and judgment interest. (a) With respect to a foreign-money claim, recovery of prejudgment interest and the rate of interest to be applied in the action or distribution proceeding are matters of the substantive law governing the right to recovery under the co…

[§658D-1] Short title. This chapter shall be known and may be cited as the Hawaii International Arbitration, Mediation, and Conciliation Act. [L 1988, c 186, pt of §1]

[§658D-2] Statement of findings and declaration of purposes. The legislature hereby finds and declares that:

[§658D-3] Policy. It is the policy of the State of Hawaii to encourage the use of arbitration, mediation, and conciliation to resolve disputes arising out of international relationships and to maximize private autonomy over such proceedings by limiting court involvement therein t…

§658D-4 Scope. (a) This chapter shall apply only to the arbitration, mediation, or conciliation of disputes between: (b) Notwithstanding subsection (a), this chapter shall not apply to the arbitration, mediation, or conciliation of: (c) If in any arbitration within the scope of t…

[§658D-5] Definitions. As used in this chapter: "Arbitration" shall also encompass, as appropriate, mediation, conciliation, and other forms of dispute resolution as an alternative to international litigation. "Center" means any center organized as an independent nonprofit educat…

[§658D-6] Consent to jurisdiction. Conducting arbitration in this State, or making a written agreement to arbitrate which provides for arbitration within this State subject to this chapter, shall constitute a consent by the parties to that arbitration or undertaking to the exerci…

[§658D-7] Certain legal authorities for international commercial disputes resolution. (a) A center shall not be considered a department, agency, or public instrumentality of this State, and shall not be subject to the laws of this State applying to departments, agencies, and publ…

[§658D-8] Arbitral tribunal or panel; powers. The arbitral tribunal or panel established pursuant to section 658D-7 of this chapter, or a majority of them, may summon in writing any person to attend before it or any of them as a witness and in a proper case to bring certain descr…

[§658D-9] Enforcement. (a) Arbitral or other awards or settlements issued pursuant to this chapter by the center shall be enforced by the circuit courts of this State as permitted by law and consistent with the United States Arbitration Act, 9 U.S.C. §201, et seq., and the enforc…

[§658F-1] Short title. This chapter may be cited as the Uniform Foreign-Country Money Judgments Recognition Act. [L 2009, c 34, pt of §1]

[§658F-10] Saving clause. This chapter does not prevent the recognition under principles of comity or otherwise of a foreign-country judgment not within the scope of this chapter. [L 2009, c 34, pt of §1]