When arbitration agreements adopt arbitral rules and those rules give the arbitrator the power to rule on arbitrability, such rules will be enforced. DPR Rules appear to differ from other major arbitration rules.

Courts have attempted to establish clear rules governing when and whether the Court or the arbitrator is to determine issues of arbitrability. Under the Federal and state arbitration statutes, it is the Court that makes the determination as to whether the parties have...

Hawaii Arbitration Statute Amended

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...

Hawaii Arbitration Statute Amended

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...