reglab/housing_qa huggingface dataset:
HI Rev Stat § 658A-14 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|658A. Uniform Arbitration Act|658A-14 Immunity of arbitrator; competency to testify; attorney's fees and costs

  §658A-14 Immunity of arbitrator; competency to testify; attorney's fees and costs. (a) An arbitrator or an arbitration organization acting in that capacity is immune from civil liability to the same extent as a judge of a court of this State acting in a judicial capacity.  (b) The immunity afforded by this section supplements any immunity under other law.  (c) The failure of an arbitrator to make a disclosure required by section 658A-12 does not cause any loss of immunity under this section.  (d) In a judicial, administrative, or similar proceeding, an arbitrator or representative of an arbitration organization is not competent to testify, and shall not be required to produce records as to any statement, conduct, decision, or ruling occurring during the arbitration proceeding, to the same extent as a judge of a court of this State acting in a judicial capacity. This subsection does not apply:  (1) To the extent necessary to determine the claim of an arbitrator, arbitration organization, or representative of the arbitration organization against a party to the arbitration proceeding; or  (2) To a hearing on a motion to vacate an award under section 658A-23(a)(1) or (2) if the movant establishes prima facie that a ground for vacating the award exists.  (e) If a person commences a civil action against an arbitrator, arbitration organization, or representative of an arbitration organization arising from the services of the arbitrator, organization, or representative or if a person seeks to compel an arbitrator or a representative of an arbitration organization to testify or produce records in violation of subsection (d), and the court decides that the arbitrator, arbitration organization, or representative of an arbitration organization is immune from civil liability or that the arbitrator or representative of the organization is not competent to testify, the court shall award to the arbitrator, organization, or representative reasonable attorney's fees and other reasonable expenses of litigation. [L 2001, c 265, pt of §1]
HI Rev Stat § 658A-15 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|658A. Uniform Arbitration Act|658A-15 Arbitration process

  §658A-15 Arbitration process. (a) An arbitrator may conduct an arbitration in such manner as the arbitrator considers appropriate for a fair and expeditious disposition of the proceeding. The authority conferred upon the arbitrator includes the power to hold conferences with the parties to the arbitration proceeding before the hearing and, among other matters, determine the admissibility, relevance, materiality, and weight of any evidence.  (b) An arbitrator may decide a request for summary disposition of a claim or particular issue:  (1) If all interested parties agree; or  (2) Upon request of one party to the arbitration proceeding if that party gives notice to all other parties to the proceeding, and the other parties have a reasonable opportunity to respond.  (c) If an arbitrator orders a hearing, the arbitrator shall set a time and place and give notice of the hearing not less than five days before the hearing begins. Unless a party to the arbitration proceeding makes an objection to lack or insufficiency of notice not later than the beginning of the hearing, the party's appearance at the hearing waives the objection. Upon request of a party to the arbitration proceeding and for good cause shown, or upon the arbitrator's own initiative, the arbitrator may adjourn the hearing from time to time as necessary but shall not postpone the hearing to a time later than that fixed by the agreement to arbitrate for making the award unless the parties to the arbitration proceeding consent to a later date. The arbitrator may hear and decide the controversy upon the evidence produced although a party who was duly notified of the arbitration proceeding did not appear. The court, on request, may direct the arbitrator to conduct the hearing promptly and render a timely decision.  (d) At a hearing under subsection (c), a party to the arbitration proceeding has a right to be heard, to present evidence material to the controversy, and to cross-examine witnesses appearing at the hearing.  (e) If an arbitrator ceases or is unable to act during the arbitration proceeding, a replacement arbitrator shall be appointed in accordance with section 658A-11 to continue the proceeding and to resolve the controversy. [L 2001, c 265, pt of §1]
HI Rev Stat § 658A-16 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|658A. Uniform Arbitration Act|658A-16 Representation by lawyer

  §658A-16 Representation by lawyer. A party to an arbitration proceeding may be represented by a lawyer. [L 2001, c 265, pt of §1]
HI Rev Stat § 658A-18 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|658A. Uniform Arbitration Act|658A-18 Judicial enforcement of pre-award ruling by arbitrator

  §658A-18 Judicial enforcement of pre-award ruling by arbitrator. If an arbitrator makes a pre-award ruling in favor of a party to the arbitration proceeding, the party may request the arbitrator to incorporate the ruling into an award under section 658A-19. A prevailing party may make a motion to the court for an expedited order to confirm the award under section 658A-22, in which case the court shall summarily decide the motion. The court shall issue an order to confirm the award unless the court vacates, modifies, or corrects the award under section 658A-23 or 658A-24. [L 2001, c 265, pt of §1]
HI Rev Stat § 658A-19 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|658A. Uniform Arbitration Act|658A-19 Award

  §658A-19 Award. (a) An arbitrator shall make a record of an award. The record shall be signed or otherwise authenticated by any arbitrator who concurs with the award. The arbitrator or the arbitration organization shall give notice of the award, including a copy of the award, to each party to the arbitration proceeding.  (b) An award shall be made within the time specified by the agreement to arbitrate or, if not specified therein, within the time ordered by the court. The court may extend or the parties to the arbitration proceeding may agree in a record to extend the time. The court or the parties may do so within or after the time specified or ordered. A party waives any objection that an award was not timely made unless the party gives notice of the objection to the arbitrator before receiving notice of the award. [L 2001, c 265, pt of §1]
HI Rev Stat § 658A-20 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|658A. Uniform Arbitration Act|658A-20 Change of award by arbitrator

  §658A-20 Change of award by arbitrator. (a) On motion to an arbitrator by a party to an arbitration proceeding, the arbitrator may modify or correct an award:  (1) Upon a ground stated in section 658A-24(a)(1) or (3);  (2) Because the arbitrator has not made a final and definite award upon a claim submitted by the parties to the arbitration proceeding; or  (3) To clarify the award.  (b) A motion under subsection (a) shall be made and notice given to all parties within twenty days after the movant receives notice of the award.  (c) A party to the arbitration proceeding shall give notice of any objection to the motion within ten days after receipt of the notice in subsection (b).  (d) If a motion to the court is pending under section 658A-22, 658A-23, or 658A-24, the court may submit the claim to the arbitrator to consider whether to modify or correct the award:  (1) Upon a ground stated in section 658A-24(a)(1) or (3);  (2) Because the arbitrator has not made a final and definite award upon a claim submitted by the parties to the arbitration proceeding; or  (3) To clarify the award.  (e) An award modified or corrected pursuant to this section is subject to sections 658A-19(a), 658A-22, 658A-23, and 658A-24. [L 2001, c 265, pt of §1]
HI Rev Stat § 658A-21 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|658A. Uniform Arbitration Act|658A-21 Remedies; fees and expenses of arbitration proceeding

  §658A-21 Remedies; fees and expenses of arbitration proceeding. (a) An arbitrator may award punitive damages or other exemplary relief if such an award is authorized by law in a civil action involving the same claim and the evidence produced at the hearing justifies the award under the legal standards otherwise applicable to the claim.  (b) An arbitrator may award reasonable attorney's fees and other reasonable expenses of arbitration if such an award is authorized by law in a civil action involving the same claim or by the agreement of the parties to the arbitration proceeding.  (c) As to all remedies other than those authorized by subsections (a) and (b), an arbitrator may order such remedies as the arbitrator considers just and appropriate under the circumstances of the arbitration proceeding. The fact that such a remedy could not or would not be granted by the court is not a ground for refusing to confirm an award under section 658A-22 or for vacating an award under section 658A-23.  (d) An arbitrator's expenses and fees, together with other expenses, shall be paid as provided in the award.  (e) If an arbitrator awards punitive damages or other exemplary relief under subsection (a), the arbitrator shall specify in the award the basis in fact justifying and the basis in law authorizing the award and state separately the amount of the punitive damages or other exemplary relief. [L 2001, c 265, pt of §1] Case Notes  The plain language of subsection (b) and its related commentary from the Uniform Arbitration Act established that awards of attorneys' fees can be valid and authorized based on a party agreement, even if the resulting award exceeds the twenty-five per cent of the judgment limitation included in §607-14. 123 H. 476, 236 P.3d 456 (2010).  Where the determination of the reasonableness of the attorneys' fees was clearly within the scope of the arbitrator's authority and could not be vacated or modified by a reviewing court simply based on the argument that the award was unreasonable, the arbitrators' award of attorneys' fees well in excess of twenty-five per cent of the principal and interest amount of the award was not unreasonable and the arbitrators did not exceed their powers. 121 H. 110 (App.), 214 P.3d 1100 (2009).  Cited: 654 F. Supp. 2d 1142 (2009).
HI Rev Stat § 658A-22 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|658A. Uniform Arbitration Act|658A-22 Confirmation of award

  §658A-22 Confirmation of award. After a party to an arbitration proceeding receives notice of an award, the party may make a motion to the court for an order confirming the award at which time the court shall issue a confirming order unless the award is modified or corrected pursuant to section 658A-20 or 658A-24 or is vacated pursuant to section 658A-23. [L 2001, c 265, pt of §1] Case Notes  Although insurer contended that because award had already been paid, motion to confirm the award had been rendered moot, as the plain language of this section requires the circuit court to confirm an award unless the award has been vacated, modified, or corrected, circuit court did not err in confirming the arbitration award. 122 H. 393 (App.), 227 P.3d 559 (2010).
HI Rev Stat § 658A-24 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|658A. Uniform Arbitration Act|658A-24 Modification or correction of award

  §658A-24 Modification or correction of award. (a) Upon motion made within ninety days after the movant receives notice of the award pursuant to section 658A-19 or within ninety days after the movant receives notice of a modified or corrected award pursuant to section 658A-20, the court shall modify or correct the award if:  (1) There was an evident mathematical miscalculation or an evident mistake in the description of a person, thing, or property referred to in the award;  (2) The arbitrator has made an award on a claim not submitted to the arbitrator and the award may be corrected without affecting the merits of the decision upon the claims submitted; or  (3) The award is imperfect in a matter of form not affecting the merits of the decision on the claims submitted.  (b) If a motion made under subsection (a) is granted, the court shall modify or correct and confirm the award as modified or corrected. Otherwise, unless a motion to vacate is pending, the court shall confirm the award.  (c) A motion to modify or correct an award pursuant to this section may be joined with a motion to vacate the award. [L 2001, c 265, pt of §1]
HI Rev Stat § 658A-25 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|658A. Uniform Arbitration Act|658A-25 Judgment on award; attorney's fees and litigation expenses

  §658A-25 Judgment on award; attorney's fees and litigation expenses. (a) Upon granting an order confirming, vacating without directing a rehearing, modifying, or correcting an award, the court shall enter a judgment in conformity therewith. The judgment may be recorded, docketed, and enforced as any other judgment in a civil action.  (b) A court may allow reasonable costs of the motion and subsequent judicial proceedings.  (c) On application of a prevailing party to a contested judicial proceeding under section 658A-22, 658A-23, or 658A-24, the court may add reasonable attorney's fees and other reasonable expenses of litigation incurred in a judicial proceeding after the award is made to a judgment confirming, vacating without directing a rehearing, modifying, or correcting an award. [L 2001, c 265, pt of §1] Case Notes  Subsection (a), which enumerates the appeals that may be taken from a court order concerning an arbitration proceeding, does not represent an exclusive list of appealable orders; thus, although not listed in subsection (a), order compelling arbitration was sufficiently final under the collateral order doctrine to be appealable under §641-1. 129 H. 378, 301 P.3d 588 (2013).  Under subsection (c), union-appellant, representative of real party in interest city worker, was not entitled to an award of attorney's fees incurred during a proceeding filed against worker's employer to enforce an uncontested judgment confirming an arbitration award. 119 H. 201 (App.), 194 P.3d 1163 (2008).
HI Rev Stat § 658A-26 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|658A. Uniform Arbitration Act|658A-26 Jurisdiction

  §658A-26 Jurisdiction. (a) A court of this State having jurisdiction over the controversy and the parties may enforce an agreement to arbitrate.  (b) An agreement to arbitrate providing for arbitration in this State confers exclusive jurisdiction on the court to enter judgment on an award under this chapter. [L 2001, c 265, pt of §1] Case Notes  To the extent that there may be a conflict between the jurisdictional provisions of this chapter and chapter 89, chapter 89 takes precedence over this chapter. 132 H. 492 (App.), 323 P.3d 136 (2014).  Cited: 132 H. 426, 322 P.3d 966 (2014).  Cited: 134 H. 489, 345 P.3d 155 (2015).
HI Rev Stat § 658A-27 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|658A. Uniform Arbitration Act|658A-27 Venue

  §658A-27 Venue. A motion pursuant to section 658A-5 shall be made in the court of the circuit in which the agreement to arbitrate specifies the arbitration hearing is to be held or, if the hearing has been held, in the court of the circuit in which it was held. Otherwise, the motion may be made in the court of any circuit in which an adverse party resides or has a place of business or, if no adverse party has a residence or place of business in this State, in the court of any circuit in this State. All subsequent motions shall be made in the court hearing the initial motion unless the court otherwise directs. [L 2001, c 265, pt of §1] Case Notes  The first circuit court did not err in finding that it was the proper venue for the proceedings to confirm the arbitration award where, inter alia, the collective bargaining agreement provided that the arbitrator had the authority to fix the date, time and place of the hearing, and the judge determined that the arbitration was properly held in Honolulu where the arbitrator was located. 125 H. 476 (App.), 264 P.3d 655 (2011).
HI Rev Stat § 658A-28 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|658A. Uniform Arbitration Act|658A-28 Appeals

  §658A-28 Appeals. (a) An appeal may be taken from:  (1) An order denying a motion to compel arbitration;  (2) An order granting a motion to stay arbitration;  (3) An order confirming or denying confirmation of an award;  (4) An order modifying or correcting an award;  (5) An order vacating an award without directing a rehearing; or  (6) A final judgment entered pursuant to this chapter.  (b) An appeal under this section shall be taken as from an order or a judgment in a civil action. [L 2001, c 265, pt of §1] Case Notes  Where circuit court denied motion to confirm arbitration award and remanded to arbitrator to rehear issue of appropriate remedy, the order denying the motion was not an appealable order and the appellate court lacked appellate jurisdiction under subsection (a). 123 H. 128 (App.), 230 P.3d 428 (2010).  Where arbitrator explicitly retained jurisdiction to decide the merits of the case, stating in the arbitrator's determination that "I hereby find and conclude that the class grievance is arbitrable on its merits and this matter shall proceed to further arbitration for a determination on the merits of a class grievance", the arbitrator's determination was not an "award" pursuant to subsection (a)(3); thus, appeals court could not review the appeal from the order granting motion to confirm arbitration as the order was unappealable pursuant to subsection (a)(3). 124 H. 367 (App.), 244 P.3d 604 (2010).  Although public workers' union was not engaged in arbitration proceedings at the time of the other public union's motion to compel consolidated arbitration pursuant to §658A-7, as the core purpose of the other public union's motion was to compel arbitration, appeals court had jurisdiction under this section over other public union's appeal from order denying motion for consolidated arbitration. 124 H. 372 (App.), 244 P.3d 609 (2010).  As subsection (a) authorizes an appeal from an order confirming an award or from a final judgment entered pursuant to this chapter, given the express language and plain meaning of this section and §658A-25, appellants were authorized to appeal from either the order granting confirmation or the final judgment; thus, appellants' notice of appeal was timely with respect to the final judgment. 126 H. 179 (App.), 268 P.3d 432 (2012).
HI Rev Stat § 658A-29 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|658A. Uniform Arbitration Act|658A-29 Relationship to Electronic Signatures in Global and National Commerce Act

  §658A-29 Relationship to Electronic Signatures in Global and National Commerce Act. The provisions of this chapter governing the legal effect, validity, and enforceability of electronic records or electronic signatures, and of contracts performed with the use of such records or signatures conform to the requirements of section 102 of the Electronic Signatures in Global and National Commerce Act, Public Law 106-229. [L 2001, c 265, pt of §1]
HI Rev Stat § 658B-1 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|658B. Uniform Foreign-Money Claims Act|658B-1 Definitions.

  §658B-1 Definitions. In this chapter:  "Action" means a judicial proceeding or arbitration in which a money payment may be awarded or enforced in respect of a foreign-money claim.  "Conversion date" means the banking day next before the date on which money is, in accordance with this chapter:  (1) Paid to a judgment creditor;  (2) Paid to the designated official enforcing a judgment on behalf of the judgment creditor; or  (3) Used to effect a recoupment or set-off of claims in different moneys in an action.  "Distribution proceeding" means a judicial or nonjudicial proceeding for an accounting, an assignment for the benefit of creditors, a foreclosure, for the liquidation or rehabilitation of a corporation or other entity, for the distribution of an estate, trust, or other fund in or against which a foreign-money claim is asserted.  "Foreign money" means money other [than] money of the United States of America.  "Foreign-money claim" means a claim upon an obligation to pay, or a claim for recovery of a loss, expressed in or measured by a foreign money.  "Money" means a medium of exchange for the payment of obligations or a store of value authorized or adopted by a government or by intergovernmental agreement.  "Money of the claim" means the money determined as proper by section 658B-4.  "Party" means an individual, a corporation, government or governmental subdivision or agency, business trust, partnership or association of two or more persons having a joint or common interest, or any other legal or commercial entity asserting or defending against a foreign-money claim.  "Rate of exchange" means the rate at which the money of one country may be converted into money of another country in a free financial market convenient to or reasonably usable by the party obliged to pay or to state a rate of conversion. If separate exchange rates apply to different kinds of transactions or events, the term means the rate applicable to the particular transaction or event giving rise to the foreign-money claim.  "Spot rate" means the rate of exchange at which foreign money is sold by a bank or other dealer in foreign exchange for settlement by immediate payment, by charge to an account, or by an agreed delayed settlement not exceeding two days. "Bank-offered spot rate" means the rate of exchange at which a bank will issue its draft in the foreign money or will cause credit to become available in the foreign money on a next-day basis.  "State" means a state, territory, or possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or the United States Virgin Islands. [L 1990, c 50, pt of §1]
HI Rev Stat § 658B-2 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|658B. Uniform Foreign-Money Claims Act|658B-2 Scope.

  §658B-2 Scope. (a) This chapter applies only to a foreign-money claim in an action or distribution proceeding.  (b) This chapter applies to foreign-money issues notwithstanding the law applicable under the conflict of laws rules of this State to other issues in the action or distribution proceeding. [L 1990, c 50, pt of §1]
HI Rev Stat § 658B-3 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|658B. Uniform Foreign-Money Claims Act|658B-3 Variation by agreement.

  §658B-3 Variation by agreement.  (a) The effect of provisions of this chapter may be varied by agreement of the parties made at any time before or after commencement of an action, commencement of a distribution proceeding, or the entry of judgment.  (b) The parties may agree upon the money to be used in a transaction giving rise to a foreign-money claim and may use different moneys for different aspects of the transaction. Stating the price in a foreign money or for a particular transaction does not, of itself, require the use of that money for other aspects of the transaction. [L 1990, c 50, pt of §1]