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Yoshioka v. E.F. Hutton Co., Inc.

2 Haw. App. 125 (Haw. Ct. App. 1981)
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Yoshioka v. E.F. Hutton Co., Inc.

3 Citing cases

  1. Douglass v. Pflueger Hawaii, Inc.

    110 Haw. 520 (Haw. 2006)   Cited 89 times
    Holding that mutual assent to arbitrate was lacking, where the employment contract did not contain the arbitration agreement, and the employee merely signed an acknowledgement of having read a separate employee handbook, which did contain the arbitration agreement

    Under the common law, agreements to arbitrate were not enforceable. Yoshioka v. E.F. Hutton Co., 2 Haw.App. 125, 126, 626 P.2d 1186, 1187 (1981) (citation omitted). Parties could agree to arbitrate an existing controversy, but either party could freely revoke or abrogate such an agreement at any time prior to the entry of a final arbitration award.

  2. Brown v. KFC National Management Co.

    82 Haw. 226 (Haw. 1996)   Cited 142 times
    Holding that an arbitration agreement contained in an employment application applied to a discrimination claim arising out of a later executed oral contract for employment

    Under the common law, agreements to arbitrate were not enforceable. Yoshioka v. E.F. Hutton Co., 2 Haw. App. 125, 126, 626 P.2d 1186, 1187 (1981) (citation omitted). Parties could agree to arbitrate an existing controversy, but either party could freely revoke or abrogate such an agreement at any time prior to the entry of a final arbitration award.

  3. Bateman Const., Inc. v. Haitsuka Bros

    77 Haw. 481 (Haw. 1995)   Cited 22 times
    Holding that "the question of arbitrability is usually an issue to be decided by the courts, unless the parties clearly and unmistakably provide otherwise"

    Like the history of the Federal Arbitration Act, the legislative history of HRS Chapter 658 establishes that the purpose behind its passage was to ensure judicial enforcement of privately made agreements to arbitrate. Yoshioka v. E.F. Hutton Co., 2 Haw. App. 125, 127, 626 P.2d 1186, 1187 (1981). In the present case, all four contracts contain separate arbitration agreements.