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HI HB164

Bill

Status

Engrossed

3/7/2017

Primary Sponsor

Scott Nishimoto

Click for details

Origin

House of Representatives

2018 Regular Session

AI Summary

  • Requires arbitrators to disclose "direct and material" financial interests and "substantial" relationships before accepting appointment, clarifying the standard for required disclosures.

  • Maintains arbitrator's continuing obligation to disclose any facts learned after appointment that could affect impartiality.

  • 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.

  • 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.

  • Takes effect July 1, 2050.

Legislative Description

Relating To Disclosure By An Arbitrator.

Disclosures

Last Action

Re-Referred to LBR, JDC.

1/17/2018

Committee Referrals

Labor1/17/2018
Judiciary and Labor3/9/2017
Judiciary1/23/2017

Full Bill Text

No bill text available