reglab/statecodes huggingface dataset:
2023 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]
2023 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]
2023 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]
2023 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]
2023 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]
2023 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).
2023 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).
2023 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]
2023 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).
2023 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).
2023 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).
2023 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).
2023 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]
2023 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]
2023 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]
2023 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]
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 658B. Uniform Foreign-Money Claims Act › 658B-4 Determining the money of the claim.

§658B-4 Determining the money of the claim.
(a) Except as provided by subsection (b), the proper money of the claim is, as in each case may be appropriate, the money:
(1) Regularly used between the parties as a matter of usage or course of dealing; or
(2) Used at the time of a transaction in international trade, by trade usage or common practice, for valuing or settling transactions in the particular commodity or service involved; or
(3) In which the loss was ultimately felt or will be incurred by a party.
(b) The money in which the parties have contracted that a payment be made is the proper money of the claim for that payment. [L 1990, c 50, pt of §1]
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 658B. Uniform Foreign-Money Claims Act › 658B-5 Determining the amount of the money of certain contract claims.

§658B-5 Determining the amount of the money of certain contract claims.
(a) If an amount contracted to be paid in a foreign money is measured by a specified amount of a different money, the amount to be paid is determined on the conversion date.
(b) If an amount contracted to be paid in a foreign money is to be measured by a different money at the exchange rate prevailing on a date prior to default, that exchange rate applies only for payments made a reasonable time after default, not to exceed thirty days. Thereafter, conversion is made at the bank- offered spot rate on the conversion date.
(c) A monetary claim is neither usurious nor unconscionable because the agreement on which it is based provides that the amount of the debtor's obligation to be paid in the debtor's money must, when received by the creditor, equal a specified amount of the foreign money of the country of the creditor. If, because of unexcused delay in payment of a judgment or award, the amount received by the creditor does not equal the amount of the foreign money specified in the agreement, the court or arbitrator, as the case may be, shall have jurisdiction to and shall, amend the judgment or award accordingly. [L 1990, c 50, pt of §1]
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 658B. Uniform Foreign-Money Claims Act › 658B-6 Asserting and defending a foreign-money claim.

§658B-6 Asserting and defending a foreign-money claim.
(a) A claimant may assert a claim in a specified foreign money. If a foreign money is not asserted, the claimant makes a claim for a judgment in United States dollars.
(b) An opposing party may allege and prove that the claim is, in whole or in part, for a different money than that asserted by the claimant.
(c) Any party may assert a defense, set-off, recoupment, or counterclaim in any money without regard to the money of other claims.
(d) The determination of the proper money of the claim is a question of law. [L 1990, c 50, pt of §1]
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 658B. Uniform Foreign-Money Claims Act › 658B-7 Judgments and awards on foreign-money claims; times of money conversion; form of judgment.

§658B-7 Judgments and awards on foreign-money claims; times of money conversion; form of judgment.
(a) Except as provided in subsection (c), a judgment or arbitration award on a foreign-money claim must be stated in an amount of the money of the claim.
(b) The judgment or award is payable in that foreign money or, at the option of the debtor, in the amount of United States dollars which will purchase that foreign money on the conversion date at a bank-offered spot rate.
(c) Assessed costs must be entered in United States dollars.
(d) Each payment in United States dollars must be accepted and credited on the judgment or award in the amount of the foreign money that could be purchased by the dollars at a bank-offered spot rate of exchange at or near the close of business on the conversion date for that payment.
(e) Judgments or awards made in an action on both (1) a defense, set-off, recoupment, or counterclaim and (2) the adverse party's claim, must be netted by converting the money of the smaller into the money of the larger, and by subtracting the smaller from the larger, and must specify the rates of exchange used.
(f) A judgment substantially in the following form complies with subsection (a):
"IT IS ORDERED AND ADJUDGED, that Defendant (insert name) pay to Plaintiff (insert name) the sum of (insert amount in the foreign money) plus interest on that sum at the rate of (insert rate -- see section 658B-9) per cent a year or, at the option of the judgment debtor, the number of United States dollars as will purchase the (insert name of foreign money) with interest due, at a bank-offered spot rate at or near the close of business on the banking day next before the day of payment, together with assessed costs of (insert amount) United States dollars."
(g) If a contract claim is of the type covered by section 658B-5(a) or (b), the judgment or award shall be entered for the amount of the money stated to measure the obligation to be paid in the money specified for payment or, at the option of the debtor, the number of United States dollars as will purchase the computed amount of the money of payment on the conversion date at a bank-offered spot rate.
(h) A judgment shall be recorded and indexed in foreign money in the same manner and shall have the same effect as a lien as other judgments. It may be discharged by payment. [L 1990, c 50, pt of §1]
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 658B. Uniform Foreign-Money Claims Act › 658B-8 Conversions of foreign money in a distribution proceeding.

§658B-8 Conversions of foreign money in a distribution proceeding.
The rate of exchange prevailing at or near the closing of business on the day the proceeding is initiated shall govern all exchanges of foreign money in a distribution proceeding. A foreign-money claimant in a distribution proceeding must assert its claim in the named foreign money and show the amount of United States dollars resulting from a conversion as of the date the proceeding was initiated. [L 1990, c 50, pt of §1]
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 658B. Uniform Foreign-Money Claims Act › 658B-9 Prejudgment and judgment interest.

§658B-9 Prejudgment and judgment interest.
(a) With respect to a foreign-money claim, recovery of prejudgment interest and the rate of interest to be applied in the action or distribution proceeding are matters of the substantive law governing the right to recovery under the conflict of laws rules of this State.
(b) Notwithstanding subsection (a), an increase or decrease in the amount of prejudgment interest otherwise payable may be made in a foreign-money judgment to the extent required by the law of this State governing a failure to make or accept an offer of settlement or offer of judgment, or conduct by a party or its attorney causing undue delay or expense.
(c) A judgment on a foreign-money claim bears interest at the same rate applicable to other judgments of this State. [L 1990, c 50, pt of §1]
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 658B. Uniform Foreign-Money Claims Act › 658B-10 Enforcement of foreign judgments.

§658B-10 Enforcement of foreign judgments.
(a) Subject to subsections (b) and (c), if an action is brought to enforce a judgment of another jurisdiction expressed in a foreign money and the judgment is recognized in this State as enforceable, the enforcing judgment must be entered as provided in section 658B-7 whether or not the foreign judgment confers an option to pay in an equivalent amount of United States dollars. A satisfaction or partial payment made upon the foreign judgment, on proof thereof, must be credited against the amount of foreign money specified in the judgment, notwithstanding the entry of judgment in this State.
(b) Notwithstanding subsection (a), a foreign judgment may be filed in accordance with any statute of this State providing a procedure for its recognition and enforcement.
(c) A judgment entered on a foreign-money claim only in United States dollars in another state must be enforced in this State in United States dollars only. [L 1990, c 50, pt of §1]
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 658B. Uniform Foreign-Money Claims Act › 658B-11 Temporarily determining the United States dollar value of foreign-money claims for limited purposes.

§658B-11 Temporarily determining the United States dollar value of foreign-money claims for limited purposes.
(a) For the limited purpose of facilitating the enforcement of provisional remedies in an action, (1) the value in United States dollars of assets to be seized or restrained pursuant to a writ of attachment, garnishment, execution, or other legal process, (2) the amount of United States dollars at issue for assessing costs, or (3) the amount of United States dollars involved for a surety bond or other court-required undertaking shall be ascertained as provided in subsections (b) and (c).
(b) The party seeking the process, costs, bond, or other undertaking must compute the dollar amount of the foreign money claimed from a bank-offered spot rate of exchange prevailing at or near the close of business on the banking day next preceding the filing of a request or application for the issuance of process or for the determination of costs, or an application for a bond or other court-required undertaking.
(c) The party seeking the process, costs, bond, or other undertaking shall file with each request or application an affidavit or certificate executed in good faith by its counsel or a bank officer, stating the market quotation used, how obtained, and setting forth the calculation. Affected court officials incur no liability, after a filing of the affidavit or certificate, for acting as if the judgment was in the amount of United States dollars stated in the affidavit or certificate.
(d) Computations under this section are for the limited purposes of the section and do not affect computation of the United States dollar equivalent of the money of the judgment for payment purposes. [L 1990, c 50, pt of §1]
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 658B. Uniform Foreign-Money Claims Act › 658B-12 Effect of currency revalorizations.

§658B-12 Effect of currency revalorizations.
(a) If, after an obligation is expressed or a loss is incurred in a foreign money, the country issuing or adopting that money substitutes a new money in place of that money, the obligation or the loss is treated as if expressed or incurred in the new money at the rate of conversion the issuing country establishes for the payment of like obligations or losses denominated in the former money.
(b) If substitution under subsection (a) occurs after a judgment or award is entered on a foreign-money claim, the court or arbitrator, as the case may be, shall have jurisdiction to, and shall, amend the judgment or award by a like conversion of the former money. [L 1990, c 50, pt of §1]
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 658B. Uniform Foreign-Money Claims Act › 658B-13 Supplementary general principles of law.

§658B-13 Supplementary general principles of law.
Unless displaced by particular provisions of this chapter, the principles of law and equity, including the law merchant, and the law relative to capacity to contract, principal and agent, estoppel, fraud, misrepresentation, duress, coercion, mistake, bankruptcy, or other validating or invalidating causes supplement its provisions. [L 1990, c 50, pt of §1]
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 658D. International Arbitration › 658D-1 Short title.

§658D-1 Short title.
This chapter shall be known and may be cited as the Hawaii International Arbitration, Mediation, and Conciliation Act. [L 1988, c 186, pt of §1]
Revision Note
"Chapter" substituted for "act" pursuant to §23G-15.
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 658D. International Arbitration › 658D-2 Statement of findings and declaration of purposes.

§658D-2 Statement of findings and declaration of purposes.
The legislature hereby finds and declares that:
(1) The rapid expansion of international business, trade, and commerce among nations in the Pacific region provides important opportunities for the State of Hawaii to participate in such business, trade, and commerce;
(2) There will inevitably arise, from time to time, disagreements and disputes arising from such business, trade, and commercial relations and transactions that are amenable to resolution by means of international arbitration, mediation, conciliation, and other forms of dispute resolution in lieu of international litigation;
(3) It is the policy of this State to encourage the use of arbitration, mediation, and conciliation to reduce disputes arising out of international business, trade, commercial, and other relationships; and
(4) It is declared that the objective of encouraging the development of Hawaii as an international center for the resolution of international business, commercial, trade, and other disputes be supported through the establishment of certain legal authorities as set forth in this chapter. [L 1988, c 186, pt of §1]
Revision Note
Paragraphs redesignated and in paragraph (3), "and" added after ending punctuation pursuant to §23G-15.
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 658D. International Arbitration › 658D-3 Policy.

§658D-3 Policy.
It is the policy of the State of Hawaii to encourage the use of arbitration, mediation, and conciliation to resolve disputes arising out of international relationships and to maximize private autonomy over such proceedings by limiting court involvement therein to:
(1) The enforcement of decisions, awards, and settlement; and
(2) Ancillary matters in aid of such proceedings. [L 1988, c 186, pt of §1]
Revision Note
Paragraphs redesignated and in paragraph (1), comma added after "awards" pursuant to §23G-15.
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 658D. International Arbitration › 658D-4 Scope.

§658D-4 Scope.
(a) This chapter shall apply only to the arbitration, mediation, or conciliation of disputes between:
(1) Two or more persons at least one of whom is a nonresident of the United States; or
(2) Two or more persons all of whom are residents of the United States if the dispute:
(A) Involves property located outside the United States;
(B) Relates to a contract which envisages enforcement or performance in whole or in part outside the United States; or
(C) Bears some other relation to one or more foreign countries.
(b) Notwithstanding subsection (a), this chapter shall not apply to the arbitration, mediation, or conciliation of:
(1) Any dispute pertaining to the ownership, use, development, or possession of, or a lien of record upon, real property located in this State, unless the parties in writing expressly submit the resolution of that dispute to this chapter; or
(2) Any dispute involving domestic (family) relations.
(c) If in any arbitration within the scope of this chapter reference must, under applicable conflict of laws principles, be made to the arbitration law of this State, such reference shall be to this chapter.
(d) This chapter shall apply to any arbitration within the scope of this chapter, without regard to whether the place of arbitration is within or without this State:
(1) If the written undertaking to arbitrate expressly provides that the law of this State shall apply;
(2) In the absence of a choice of law provision applicable to the written undertaking to arbitrate, if that undertaking forms part of a contract the interpretation of which is to be governed by the laws of this State; or
(3) In any other case, if any arbitral tribunal or other panel established pursuant to section 658D-7 decides under applicable conflict of laws principles that the arbitration shall be conducted in accordance with the laws of this State. [L 1988, c 186, pt of §1; am L 2016, c 55, §37]
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 658D. International Arbitration › 658D-5 Definitions.

§658D-5 Definitions.
As used in this chapter:
"Arbitration" shall also encompass, as appropriate, mediation, conciliation, and other forms of dispute resolution as an alternative to international litigation.
"Center" means any center organized as an independent nonprofit educational corporation duly established under the laws of this State, whose principal purpose is to facilitate the resolution of international business, trade, commercial, and other disputes between persons by means of arbitration, mediation, conciliation, and other means as an alternative to the resort to litigation.
"Nonresident of the United States" means any person not a "resident of the United States".
"Person" means not only individuals, but corporations, firms, associations, societies, communities, assemblies, inhabitants of a district, or neighborhood, or persons known or unknown, and the public generally and shall include a government or any agency, instrumentality, or subdivision thereof where it appears, from the subject matter, the sense and connection in which such words are used, that such construction is intended.
"Resident of the United States" means:
(1) A natural person who maintains sole residence within a state, possession, commonwealth, or territory of the United States or within the District of Columbia; or
(2) Any other person organized or incorporated under the laws of the United States, any state, possession, commonwealth, or territory thereof, or the District of Columbia.
"Written undertaking to arbitrate" shall mean a writing in which a person undertakes to submit a dispute to arbitration, without regard to whether that undertaking is sufficient to sustain a valid and enforceable contract or is subject to defenses. A written undertaking may be part of a contract, may be a separate writing, and may be contained in correspondence, telegrams, telexes, or any other form of written communication. [L 1988, c 186, pt of §1]
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 658D. International Arbitration › 658D-6 Consent to jurisdiction.

§658D-6 Consent to jurisdiction.
Conducting arbitration in this State, or making a written agreement to arbitrate which provides for arbitration within this State subject to this chapter, shall constitute a consent by the parties to that arbitration or undertaking to the exercise of in personam jurisdiction by the circuit courts of this State but only for the purposes of such arbitration.
[L 1988, c 186, pt of §1]
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 658D. International Arbitration › 658D-8 Arbitral tribunal or panel; powers.

§658D-8 Arbitral tribunal or panel; powers.
The arbitral tribunal or panel established pursuant to section 658D-7 of this chapter, or a majority of them, may summon in writing any person to attend before it or any of them as a witness and in a proper case to bring certain described books, papers, records, and documents. The fees for attendance shall be the same as the fees of witnesses before the circuit courts of this State. The summons shall issue in the name of the arbitral tribunal or panel and be signed by a majority of them, shall be directed to such person, and shall be served in the same manner as subpoenas to testify before a court of record. If any person so summoned to testify refuses or neglects to obey the summons, upon petition the circuit court may compel the attendance of such person before the arbitral tribunal or panel, or punish such person for contempt in the same manner now provided for the attendance of witnesses or the punishment of them in the circuit court. [L 1988, c
186, pt of §1]
Revision Note
In the first sentence, commas added after "chapter" and "records" pursuant to §23G-15.
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 658D. International Arbitration › 658D-9 Enforcement.

§658D-9 Enforcement.
(a) Arbitral or other awards or settlements issued pursuant to this chapter by the center shall be enforced by the circuit courts of this State as permitted by law and consistent with the United States Arbitration Act, 9 U.S.C. §201, et seq., and the enforcement provisions of the Convention on the Recognition and Enforcement of Foreign Arbitral Awards, as implemented by 9 U.S.C. §201, et seq., unless subsection (b) below is applicable.
(b) Where the parties specifically submit to jurisdiction of this chapter pursuant to section 658D-6, the center may require those parties residing in countries not signatories to the Convention on the Recognition and Enforcement of Foreign Arbitral Awards, as implemented by 9 U.S.C. §201, et seq., and not having sufficient assets otherwise within the jurisdiction of the circuit courts of this State, to post such bonds or other security as the center shall deem appropriate to ensure reasonable likelihood of enforcement of any award or other relief ultimately ordered by the center in the proceeding. [L
1988, c 186, pt of §1]
Revision Note
In subsection (b), "assure" changed to "ensure" pursuant to §23G-15.
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 658F. Uniform Foreign-Country Money Judgments Recognition Act › 658F-2 Definitions.

§658F-2 Definitions.
In this chapter:
"Foreign country" means a government other than:
(1) The United States;
(2) A state, district, commonwealth, territory, or insular possession of the United States; or
(3) Any other government with regard to which the decision in this State as to whether to recognize a judgment of that government's courts is initially subject to determination under the full faith and credit clause of the United States Constitution.
"Foreign-country judgment" means a judgment of a court of a foreign country. [L 2009, c 34, pt of §1]
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 658F. Uniform Foreign-Country Money Judgments Recognition Act › 658F-3 Applicability.

§658F-3 Applicability.
(a) Except as otherwise provided in subsection (b), this chapter applies to a foreign-country judgment to the extent that the judgment:
(1) Grants or denies recovery of a sum of money; and
(2) Under the law of the foreign country where rendered, is final, conclusive, and enforceable.
(b) This chapter does not apply to a foreign-country judgment, even if the judgment grants or denies recovery of a sum of money, to the extent that the judgment is:
(1) A judgment for taxes;
(2) A fine or other penalty; or
(3) A judgment for divorce, support, or maintenance, or other judgment rendered in connection with domestic relations.
(c) A party seeking recognition of a foreign-country judgment has the burden of establishing that this chapter applies to the foreign-country judgment. [L 2009, c 34, pt of §1]