HRS §658A-6
When an agreement to arbitrate is valid
This section says that a written agreement to settle disputes through arbitration is valid and binding, unless there is a legal reason to cancel it. The court decides if the agreement exists or covers a dispute. An arbitrator decides if conditions before arbitration are met and if the contract is enforceable.
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The statute, as written — Validity of agreement to arbitrate
(a) An agreement contained in a record to submit to arbitration any existing or subsequent controversy arising between the parties to the agreement is valid, enforceable, and irrevocable except upon a ground that exists at law or in equity for the revocation of a contract. (b) The court shall decide whether an agreement to arbitrate exists or a controversy is subject to an agreement to arbitrate. (c) An arbitrator shall decide whether a condition precedent to arbitrability has been fulfilled and whether a contract containing a valid agreement to arbitrate is enforceable. (d) If a party to a judicial proceeding challenges the existence of, or claims that a controversy is not subject to, an agreement to arbitrate, the arbitration proceeding may continue pending final resolution of the issue by the court, unless the court otherwise orders.
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