§431:10C-213  Arbitration.  (a)  A claimant, insurer, or provider of services may submit any dispute relating to a motor vehicle insurance policy to an arbitrator by filing a written request with the clerk of the circuit court in the circuit where the accident occurred.

     (b)  The administrative judge of each circuit court shall maintain a current list of persons qualified and willing to act as arbitrators and shall, within ten days of the date of filing of a request for arbitration, appoint an arbitrator from such list to hear and determine the claim.

     (c)  Except as otherwise provided herein, the arbitration shall be in accordance with and governed by the provisions of chapter 658A.

     (d)  Any fee or cost of the arbitrator shall be borne equally by the parties unless otherwise allocated by the arbitrator.

     (e)  An appeal may be taken from any judgment of the arbitrator to the circuit court in the manner provided for in rule 72 of the Hawaii Rules of Civil Procedure. [L 1987, c 347, pt of §2; am L 1992, c 124, §8; am L 1997, c 251, §36; am L 2001, c 265, §4]


Case Notes


  Hawaii's public policy strongly favors arbitration when dispute centers on automobile insurance policy.  769 F. Supp. 1135 (1991).

  The first party to choose a forum for resolution of no-fault dispute binds the other party to that forum unless the circuit court finds that the parties have entered into a mandatory and binding arbitration agreement.  86 H. 59, 947 P.2d 371 (1997).

  Where plaintiff and defendant's insurer did not have a written agreement in compliance with §658-1, this section did not by itself provide independent authority to compel arbitration.  86 H. 59, 947 P.2d 371 (1997).