Haw. Rev. Stat. § 658J-5

Current through the 2024 Legislative Session
Section 658J-5 - Arbitration agreement
(a) An arbitration agreement shall:
(1) Be in a record signed by the parties;
(2) Identify the arbitrator, an arbitration organization, or a method of selecting an arbitrator; and
(3) Identify the family law dispute the parties intend to arbitrate.
(b) Except as otherwise provided in subsection (c), an agreement in a record to arbitrate a family law dispute that arises between the parties before, at the time, or after the agreement is made is valid and enforceable as any other contract and irrevocable except on a ground that exists at law or in equity for the revocation of a contract.
(c) An agreement to arbitrate a child-related dispute that arises between the parties after the agreement is made is unenforceable unless:
(1) The parties affirm the agreement in a record after the dispute arises; or
(2) The agreement was entered during a family law proceeding and the court approved or incorporated the agreement in an order issued in the proceeding.
(d) If a party objects to arbitration on the ground the arbitration agreement is unenforceable or the agreement does not include a family law dispute, the court shall decide whether the agreement is enforceable or includes the family law dispute.

HRS § 658J-5

Added by L 2017, c 113,§ 1, eff. 7/10/2017.