Section 17-2015-12 - Request for arbitration(a) When a lessee or group of lessees and a lessor or group of lessors cannot agree on a renegotiated lease rent and the lease meets the requirements for arbitration under chapter 519, HRS, either party may request the corporation to arbitrate the renegotiations of lease rent. The request for arbitration shall include the following: (1) Description of the property including its location and tax map key number;(2) Name, address, and business and home telephone numbers, as appropriate, of each party;(3) Name, address, and business and home telephone numbers, as appropriate, of the representative (if any) for each party;(4) Signature sheet with the signatures of the party initiating the request;(5) Copies of all current lease documents applicable to the requested action, and if applicable, copies of any assignment of lease; and(6) Negotiation documents and a narrative statement on the current status of renegotiations including the last offers of the parties, if available.(b) The party initiating the request for arbitration shall submit its portion of the advance deposit with the filing of the request for arbitration. The responding party shall pay its share of the advance deposit upon notification from the corporation that the lease meets the criteria for arbitration as outlined in sections 519-2 or 519-3, HRS. The advance deposit shall be in the form of a cashier's or certified check or money order in the following amounts: (1) $1,200 per party participating in the arbitration proceedings for residential lots; or(2) $1,200 per cooperative housing corporation and lessor participating in the arbitration proceedings.(c) If the request for arbitration; does not meet the criteria for arbitration, the initiating party shall be entitled to a refund of the advance deposit and the responding party will not be required to pay its portion of the advance deposit.(d) If the request for arbitration meets the criteria for arbitration as outlined in sections 519-2 or 519-3, HRS, and if the parties have paid the advance deposit and the dispute is settled or withdrawn from arbitration before the contract for arbitration is executed among the parties and the arbitrator, or the contract is executed, but before arbitration proceedings commence, the full amount of each party's advance deposit shall be refunded.(e) If the parties settle or withdraw their dispute from arbitration after the contract has been executed, but before the arbitration proceedings commence, the arbitrator shall be compensated with one-fourth of the per diem rate, the cost of which shall be shared equally by the parties. payment shall be deducted from the advance deposits made by the parties. The balance of the deposits is to be refunded to the parties in equal amounts.(f) If the parties settle or withdraw their dispute from arbitration any time after the arbitration proceedings commence and before the award is rendered, the arbitrator shall refund all of the unexpended portion of the advance deposit to the parties in equal amounts.(g) Fees to cover the arbitration proceedings shall be set by the corporation at a per diem rate which shall be reviewed in conjunction with updating the master list of arbitrators to determine whether any adjustment in the rate amount is warranted.(h) All projected expenses and fees of the arbitration proceedings shall be borne equally by each of the parties as prescribed in chapter 519, HRS, and this chapter.(i) Failure by either party to pay their respective share of the advance deposit and costs of arbitration proceedings, as may be required, shall result in sanctions as set forth in chapter 519, HRS.Haw. Code R. § 17-2015-12
[Eff NOV 15 2004] (Auth: HRS § 201G-4) (Imp: HRS §§ 519-2, 519-3)