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HI SB314
Bill
Status
7/12/2017
Primary Sponsor
Gil Keith-agaran
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AI Summary
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Amends Hawaii Revised Statutes Section 658A-12 to clarify disclosure requirements for arbitrators before accepting appointment.
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Requires arbitrators to disclose a "direct and material" financial or personal interest in the outcome (changed from broader language) and "substantial" existing or past relationships with parties, counsel, witnesses, or other arbitrators.
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Maintains arbitrators' continuing obligation to disclose facts learned after appointment that could affect impartiality.
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Specifies that if a court determines an arbitrator failed to disclose required facts, the court may find evident partiality and vacate the award under section 658A-23(a)(2).
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Confirms that parties must exhaust arbitration organization procedures for challenging arbitrators before an award is made before pursuing vacatur motions based on disclosure failures.
Legislative Description
Relating To Arbitration.
Arbitration
Last Action
Act 187, on 07/11/2017 (Gov. Msg. No. 1301).
7/12/2017