HOUSE OF REPRESENTATIVES

H.B. NO.

2384

TWENTY-FIFTH LEGISLATURE, 2010

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO ARBITRATION.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 


     SECTION 1.  The legislature finds that the use of judicial arbitration is an alternative and reasonable means of settling legal disputes in an expeditious and cost-effective manner.  The legislature supports and encourages the use of arbitration, especially in light of the present economic downturn.

     The legislature also finds that the restriction of attorney's fees under this Act already applies to cases in civil litigation.

     The purpose of this Act is to extend the policy of restricting attorney's fees in civil litigation to judicial arbitration cases.

     SECTION 2.  Section 658A-21, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

     "(b)  An arbitrator may award reasonable attorney's fees and other reasonable expenses of arbitration if such an award is authorized by law in a civil action involving the same claim or by the agreement of the parties to the arbitration proceeding[.]; provided that if the limitations on attorneys' fees under section 607-14 is applicable to the civil action, the amount of the attorneys' fees awarded shall conform to these limitations."

     SECTION 3.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect upon its approval.

 

INTRODUCED BY:

_____________________________

 

 



Report Title:

Arbitration; Attorneys' Fees

 

Description:

Requires the amount of attorneys' fees awarded in arbitration cases to conform to comparable restrictions for civil litigation cases.

 

 

 

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