Hawaii arbitration statute amended to make vacature for arbitrator non-disclosure permissive where Court finds such non-disclosure to be substantial and material.

 

On July 11, 2017, Governor Ige signed  SB 314, SD1, HD1, CD1  which became Act 187 of the 2017 Legislature. Act 187 amends HRS 658A- 12 of the RUAA to require a finding that an arbitrator’s non-disclosed relationship or dealing is substantial and material and makes it permissive (“may”) rather than mandatory (“must”) for a reviewing court to conclude that it is appropriate to vacate an arbitrator’s decision.