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HRS §658A-21

What an arbitrator can award and who pays the costs

This section explains what an arbitrator can order in a dispute. An arbitrator can award punitive damages, attorney's fees, and other costs if the law or the parties' agreement allows it. The arbitrator can also order any other fair remedy, and the parties must pay the arbitrator's fees and expenses as stated in the award.

everyone

The statute, as written — Remedies; fees and expenses of arbitration proceeding

(a) An arbitrator may award punitive damages or other exemplary relief if such an award is authorized by law in a civil action involving the same claim and the evidence produced at the hearing justifies the award under the legal standards otherwise applicable to the claim. (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. (c) As to all remedies other than those authorized by subsections (a) and (b), an arbitrator may order such remedies as the arbitrator considers just and appropriate under the circumstances of the arbitration proceeding. The fact that such a remedy could not or would not be granted by the court is not a ground for refusing to confirm an award under section 658A-22 or for vacating an award under section 658A-23. (d) An arbitrator's expenses and fees, together with other expenses, shall be paid as provided in the award. (e) If an arbitrator awards punitive damages or other exemplary relief under subsection (a), the arbitrator shall specify in the award the basis in fact justifying and the basis in law authorizing the award and state separately the amount of the punitive damages or other exemplary relief.
Read the official text at capitol.hawaii.gov ↗as published Jan 6, 2026our copy taken Aug 20, 2026

Sections this one refers to

§658A-22 How to get a court order confirming your arbitration award

LawTrove is not legal advice. The summary above is a computer-generated restatement — the authoritative text is the official version linked above.