Haw. Arb. R. 11

As amended through June 28, 2024
Rule 11 - Authority of Arbitrators
(A) Arbitrators shall have the general powers of a court and may hear cases in accordance with established rules of evidence and procedure, liberally construed to promote justice and the expeditious resolution of disputes. These include, but are not limited to, the power:
(1) To administer oaths or affirmations to witnesses;
(2) To relax all applicable rules of evidence and procedure to effectuate a speedy and economical resolution of the case without sacrificing a party's right to a full and fair hearing on the merits;
(3) To decide procedural issues arising before or during the arbitration hearing, except issues relating to his or her qualifications as an arbitrator;
(4) To invite or order, with reasonable notice, the parties to submit pre-hearing or post-hearing briefs;
(5) To examine, after notice to the parties, any site or object relevant to the case;
(6) To issue subpoenas for the attendance of witnesses or production of documentary evidence;
(7) To determine the place, time and procedure to hear all matters;
(8) To interpret these rules in all proceedings before him or her;
(9) To find witnesses or parties in contempt and to impose sanctions as provided by the laws of the State of Hawai'i; and
(10) To attempt, with the consent of all parties in writing, to aid in the settlement of the case.
(B) Any challenge to the authority or the act of an arbitrator shall be made to the Arbitration Administrator in writing and state the specific grounds for the challenge. The challenge shall be filed with the Arbitration Administrator and served on the arbitrator and all parties within ten (10) days of the challenged act. Any response to the challenge shall be filed with the Arbitration Administrator and served on the arbitrator and all parties within three (3) days after service of the challenge. The Arbitration Administrator shall render a decision on the challenge, which may be appealed to the Arbitration Judge. Any appeal to the Arbitration Judge from the decision of the Arbitration Administrator shall be filed with the Arbitration Judge and served on the arbitrator and all parties within ten (10) days from the date the decision is served. Any issue or information presented to the Arbitration Judge on appeal which was not presented to the Arbitration Administrator, will be not considered by the Arbitration Judge on appeal unless such issue or information could not have been presented to the Arbitration Administrator before the Arbitration Administrator rendered the decision. The Arbitration Judge shall have the non-reviewable power to uphold, overturn or modify the decision of the Arbitration Administrator, including the power to stay any proceeding.

Haw. Arb. R. 11

Amended April 16, 1987, effective 5/1/1987; further amended April 8, 2004, effective 7/1/2004.