Haw. Arb. R. 20

As amended through September 30, 2024
Rule 20 - Filing of Award
(A) Within seven (7) days after the conclusion of the arbitration hearing, or thirty (30) days after the receipt of the final authorized memoranda of counsel, the arbitrator shall file the award with the Arbitration Administrator, who shall then serve copies of said award upon all parties. Application by the arbitrator to the Arbitration Administrator must be made for an extension of these time periods.
(B) Within the seven day period for filing an award, the arbitrator may file with the Arbitration Administrator an amended award to correct an obvious error in the award. Subsequent to this time, the arbitrator must obtain the approval of the Arbitration Administrator to file an amended award. The arbitrator's written request to the Arbitration Administrator shall state the reason(s) for the request, include the proposed amended award, and be served on all parties. Except as provided under section (C) of this rule, the arbitrator may not file an amended award that changes the arbitrator's decision on the merits. An amended award filed pursuant to this section (B) may modify an award only to correct an inadvertent miscalculation or description, or to adjust the award in a matter of form rather than substance.
(C) To file an amended award that includes any modification of substance, the arbitrator must obtain the approval of the Arbitration Judge. The arbitrator's written request to the Arbitration Judge shall state the reason(s) for the request, include the proposed amended award, and shall be served on the Arbitration Administrator and all parties.
(D) The Arbitration Administrator shall serve any amended award upon all parties.

Haw. Arb. R. 20

Amended April 16, 1987, effective 5/1/1987; rule further amended and commentary added December 21, 2004, effective 1/1/2005.

COMMENTARY:

The December 21, 2004 amendment clarifies that Rule 20 authorizes the arbitrator to request and obtain leave of the Arbitration Administrator or Arbitration Judge to file an amended award. The rule is not intended to authorize parties to request modification of an arbitration award by the Arbitration Administrator or Arbitration Judge.