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HRS §658J-25

Arbitrator's legal protection in family disputes

This section protects arbitrators in family law cases from being sued, similar to how judges are protected. It also says arbitrators usually cannot be forced to testify or share records about the arbitration. If someone sues or tries to force testimony anyway, the arbitrator can recover legal costs.

courts

The statute, as written — Immunity of arbitrator

(a) An arbitrator or arbitration organization acting in that capacity in a family law dispute is immune from civil liability to the same extent as a judge of a court of this State acting in a judicial capacity. (b) The immunity provided by this section supplements any immunity under law of this State other than this chapter. (c) An arbitrator's failure to make a disclosure required by section 658J-9 does not cause the arbitrator to lose immunity under this section. (d) An arbitrator is not competent to testify, and shall not be required to produce records, in a judicial, administrative, or similar proceeding about a statement, conduct, decision, or ruling occurring during an arbitration, to the same extent as a judge of a court of this State acting in a judicial capacity. This subsection does not apply: (1) To the extent disclosure is necessary to determine a claim by the arbitrator or arbitration organization against a party to the arbitration; or (2) To a hearing on a motion under section 658J-19(a)(1) or (2) to vacate an award, if there is prima facie evidence that a ground for vacating the award exists. (e) If a person commences a civil action against an arbitrator arising from the services of the arbitrator or seeks to compel the arbitrator to testify or produce records in violation of subsection (d) and the court determines that the arbitrator is immune from civil liability or is not competent to testify or required to produce the records, the court shall award the arbitrator reasonable attorney's fees, costs, and reasonable expenses of litigation.
Read the official text at capitol.hawaii.gov ↗as published Jan 6, 2026our copy taken Aug 20, 2026

Sections this one refers to

§658J-19 When a court can throw out or change an arbitration award

§658J-9 Arbitrator must tell parties about conflicts of interest

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