(a) Upon motion of a party, the court shall vacate an unconfirmed award if the moving party establishes that:
Terms Used In Hawaii Revised Statutes 658J-19
Arbitration agreement: means an agreement that subjects a family law dispute to arbitration. See Hawaii Revised Statutes 658J-2
Arbitrator: means an individual selected, alone or with others, to make an award in a family law dispute that is subject to an arbitration agreement. See Hawaii Revised Statutes 658J-2
Child-related dispute: means a family law dispute regarding child custody, visitation, or financial support regarding a child, under section 571-46, § 576D-7, or chapter 583A. See Hawaii Revised Statutes 658J-2
Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
Fraud: Intentional deception resulting in injury to another.
Party: means an individual who signs an arbitration agreement and whose rights will be determined by an award. See Hawaii Revised Statutes 658J-2
State: means a state of the United States, the District of Columbia, Guam, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. See Hawaii Revised Statutes 658J-2
(1) The award was procured by corruption, fraud, or other undue means;(2) There was:
(A) Evident partiality by the arbitrator;(B) Corruption by the arbitrator; or(C) Misconduct by the arbitrator substantially prejudicing the rights of a party;(3) The arbitrator refused to postpone a hearing on showing of sufficient cause for postponement, refused to consider evidence material to the controversy, or otherwise conducted the hearing contrary to § 658J-13, so as to prejudice substantially the rights of a party;(4) The arbitrator exceeded the arbitrator’s powers;(5) No arbitration agreement exists, unless the moving party participated in the arbitration without making a motion under § 658J-7 no later than the beginning of the first arbitration hearing;(6) The arbitration was conducted without proper notice under § 658J-6 of the initiation of arbitration, so as to prejudice substantially the rights of a party; or(7) A ground exists for vacating the award under law of this State other than this chapter.(b) Except as otherwise provided in subsection (c), on motion of a party, the court shall vacate an unconfirmed award that determines a child-related dispute if the moving party establishes that:
(1) The award does not comply with § 658J-15 or the law of this State other than this chapter governing a child-related dispute or is contrary to the best interests of the child;(2) The record of the hearing or the statement of reasons in the award is inadequate for the court to review the award; or(3) A ground for vacating the award under subsection (a) exists.(c) If an award is subject to vacation under subsection (b)(1), on motion of a party, the court may amend the award if amending rather than vacating is in the best interests of the child.(d) The court shall determine a motion under subsection (b) or (c) based on the record of the arbitration hearing and facts occurring after the hearing.(e) A motion under this section to vacate or amend an award shall be filed no later than ninety days:
(1) After an arbitrator gives the party filing the motion notice of the award or a corrected award; or(2) For a motion under subsection (a)(1), after the ground of corruption, fraud, or other undue means is known or by the exercise of reasonable care should have been known to the party filing the motion.(f) If the court under this section vacates an award for a reason other than the absence of an enforceable arbitration agreement, the court may order a rehearing before an arbitrator. If the reason for vacating the award is that the award was procured by corruption, fraud, or other undue means or there was evident partiality, corruption, or misconduct by the arbitrator, the rehearing shall be before another arbitrator.(g) If the court under this section denies a motion to vacate or amend an award, the court may confirm the award under § 658J-16 unless a motion is pending under § 658J-18.
