Haw. Arb. R. 9

As amended through June 28, 2024
Rule 9 - Assignment to Arbitrator
(A) Parties may select and stipulate to a private arbitrator(s), who is an arbitrator not on the panel of the Program, or one who is on the panel but who has agreed to serve on a private basis. Such stipulation must be made within twenty (20) days after the appearance of defense counsel and must include a statement signed by the arbitrator(s) expressing his or her express willingness to arbitrate under the rules and procedures of the Court Annexed Arbitration Program and a duly signed arbitrator's oath.
(B) Any and all fees or expenses related to the use of a private arbitrator(s) shall be borne by the parties.
(C) Unless the Arbitration Administrator is notified of a stipulation for a private arbitrator(s) within the above twenty (20) day period, one (1) arbitrator will be assigned. If the assigned arbitrator is disqualified, another arbitrator shall be assigned.
(D) Any party may object, for good cause, to the assigned arbitrator. The objection, which shall be made in writing and state the specific grounds for the objection, shall be filed with the Arbitration Administrator and served on all parties within ten (10) days from the date of the assignment of the arbitrator. Any response to the objection shall be filed with the Arbitration Administrator and served on all parties within three (3) days after service of the objection. The Arbitration Administrator shall render a decision on the objection, 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 the appeal is non-reviewable.
(E) Where an Arbitrator is assigned to a case and subsequent thereto, an additional party is added, the party may object, for good cause, to the assigned arbitrator within ten (10) days from the appearance of the party in the case. Except as otherwise provided herein, the provisions of section (D) of this rule shall govern any objection, response, and appeal filed under this section (E).
(F) The above described method of selection of an arbitrator shall be followed in all the Judicial Circuits.

Haw. Arb. R. 9

Amended April 16, 1987, effective 5/1/1987; further amended January 9, 1990, effective 1/9/1990; further amended January 18, 1991, effective 1/18/1991; further amended October 18, 1993, effective 11/15/1993; further amended and effective 5/22/1996; further amended April 8, 2004 and effective 7/1/2004.