§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.



  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.



  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.