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

(b)  The administrative judge of each circuitcourt shall maintain a current list of persons qualified and willing to act asarbitrators and shall, within ten days of the date of filing of a request forarbitration, appoint an arbitrator from such list to hear and determine theclaim.

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

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

(e)  An appeal may be taken from any judgmentof the arbitrator to the circuit court in the manner provided for in rule 72 ofthe 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 whendispute centers on automobile insurance policy.  769 F. Supp. 1135.

  The first party to choose a forum for resolution of no-faultdispute binds the other party to that forum unless the circuit court finds thatthe 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 awritten agreement in compliance with §658-1, this section did not by itselfprovide independent authority to compel arbitration.  86 H. 59, 947 P.2d 371.