Haw. Arb. R. 8

As amended through June 28, 2024
Rule 8 - Determination of Arbitrability
(A) The court shall view all tort cases as arbitration eligible and automatically "in" the Program unless plaintiff certifies that his or her case has a value in excess of the $150,000 jurisdictional amount of the Program. Plaintiff shall file a request for exemption at the time the complaint is filed and such a request shall include a summary of facts that support plaintiff's contentions.
(B) Where exemptions from arbitration have been requested, the Arbitration Administrator shall review the contentions and evidence available and determine eligibility. The Arbitration Administrator may require a party to submit additional evidence to support the party's contentions. The Arbitration Administrator shall render a decision on the request for exemption, 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 all parties within ten (10) days from the date the decision is served. Any issue or information presented to the Arbitration Judge on appeal that was not presented to the Arbitration Administrator, will not be 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's decision on appeal is non-reviewable.
(C) Subsequent to the filing of the complaint, any party who believes a case should be removed from, admitted or readmitted to the Program, shall file a request to remove, admit or readmit, with the Arbitration Judge. The request shall include a summary of the facts that support the party's contentions, and shall be served on all parties. The Arbitration Judge's decision on the request is non-reviewable.
(D) The Arbitration Judge shall make all final determinations regarding the arbitrability of a case when that issue is disputed by any party, and may hold a conference on the issue of arbitrability at the judge's discretion.
(E) The Arbitration Judge may, at the judge's discretion, impose sanctions of reasonable costs and attorney's fees against any party who without good cause or justification attempts to remove a case from the Program.

Haw. Arb. R. 8

Amended April 16, 1987, effective 5/1/1987; further amended January 9, 1990, effective 1/9/1990; further amended December 21, 2004, effective 1/1/2005.