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HI HB164
Bill
Status
3/7/2017
Primary Sponsor
Scott Nishimoto
Click for details
AI Summary
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Requires arbitrators to disclose "direct and material" financial interests and "substantial" relationships before accepting appointment, clarifying the standard for required disclosures.
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Maintains arbitrator's continuing obligation to disclose any facts learned after appointment that could affect impartiality.
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Removes the presumption that an arbitrator who fails to disclose a known, direct, and material interest automatically acts with evident partiality; instead allows courts to determine if nondisclosure constitutes evident partiality on a case-by-case basis.
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Specifies that if a court determines an arbitrator failed to disclose required facts, the court may vacate the award based on evident partiality under Hawaii arbitration law.
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Takes effect July 1, 2050.
Legislative Description
Relating To Disclosure By An Arbitrator.
Disclosures
Last Action
Re-Referred to LBR, JDC.
1/17/2018