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Current as of January 01, 2022 | Updated by FindLaw Staff
(a) An arbitration agreement shall:
(1) Be in a record signed by the parties;
(2) Identify the arbitrator, an arbitration organization, or a method of selecting an arbitrator; and
(3) Identify the family law dispute the parties intend to arbitrate.
(b) Except as otherwise provided in subsection (c), an agreement in a record to arbitrate a family law dispute that arises between the parties before, at the time, or after the agreement is made is valid and enforceable as any other contract and irrevocable except on a ground that exists at law or in equity for the revocation of a contract.
(c) An agreement to arbitrate a child-related dispute that arises between the parties after the agreement is made is unenforceable unless:
(1) The parties affirm the agreement in a record after the dispute arises; or
(2) The agreement was entered during a family law proceeding and the court approved or incorporated the agreement in an order issued in the proceeding.
(d) If a party objects to arbitration on the ground the arbitration agreement is unenforceable or the agreement does not include a family law dispute, the court shall decide whether the agreement is enforceable or includes the family law dispute.
Cite this article: FindLaw.com - Hawaii Revised Statutes Division 4. Courts and Judicial Proceedings § 658J-5 - last updated January 01, 2022 | https://codes.findlaw.com/hi/division-4-courts-and-judicial-proceedings/hi-rev-st-sect-658j-5/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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