THE SENATE

S.B. NO.

1439

TWENTY-SIXTH LEGISLATURE, 2011

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to expenses of arbitration proceedings.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 


     SECTION 1.  Section 658A-21, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§658A-21[]]  Remedies; fees, costs, 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, costs, and other reasonable expenses of arbitration if such an award is authorized by law in a civil action involving [the same] a comparable 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."

     SECTION 2.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 3.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect upon its approval, and shall apply to any arbitration claim commenced after the effective date of this Act.

 

INTRODUCED BY:

_____________________________

 

 


 


 

Report Title:

Arbitration Proceedings; Expenses

 

Description:

Authorizes an arbitrator to award reasonable attorney's costs, in addition to fees and other expenses of arbitration.

 

 

 

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