by devadmin | Sep 26, 2017 | Arbitration, Mediation, Newsletter
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...
by devadmin | Aug 26, 2017 | Arbitration, Mediation, Newsletter
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...
by devadmin | Jul 26, 2017 | Arbitration, Mediation, Newsletter
Hawaii Supreme Court issues third decision on arbitration vacature due to arbitrator non-disclosure. On June 15, 2017, the Hawaii Supreme Court issued its decision in Narayan v. AOAO Kapalua Bay Condominium, (No. SCAP-16-0000588) (“Narayan II”). In the case, the Court...
by devadmin | May 26, 2017 | Arbitration, Mediation, Newsletter
U.S. Supreme Court upholds enforceability of nursing home arbitration agreement signed by a holder of a general power of attorney. In Kindred Nursing Centers LP v. Clark, (U.S. Supreme Court, May 15, 2017, slip opinion), the Supreme Court overturned a Kentucky...
by devadmin | Apr 26, 2017 | Arbitration, Mediation, Newsletter
Two Trial Court Rulings on Arbitrator Non-disclosures and Evident Partiality On March 3, 2017, Circuit Court Judge Jeannette Castagnetti issued findings of fact and conclusions of law in two cases vacating arbitration decisions due to insufficient disclosures...
by devadmin | Dec 26, 2015 | Arbitration, Mediation, Newsletter
Hawaii Supreme Court adopts strict vacature rule for arbitrator nondisclosure of possible future relationship. The Madamba case. Dec 7, 2015 Hawaii Supreme Court adopts strict vacature rule for arbitrator nondisclosure of possible future relationship The...