Case Notes

Cited and distinguished from §658-5. 49 H. 59, 410 P.2d 974.

Jury trial allowed for resolution of factual dispute. 58 H. 64, 564 P.2d 445.

Requirements met for circuit court's assumption of jurisdiction. 66 H. 431, 667 P.2d 251.

Party must notify other party of nonarbitrability of an issue; party cannot request a dismissal of the arbitration proceeding with prejudice while contesting jurisdiction of the proceeding. 72 H. 178, 811 P.2d 467.

Order granting or denying motion to compel arbitration under analogous federal arbitration statute is appealable if it results in a dismissal of the action. 73 H. 433, 834 P.2d 1294.

Orders compelling arbitration under this section are appealable orders within meaning of §641-1; reviewing court shall not consider an unappealed §658-3 order compelling arbitration on an appeal from a final judgment in that same case. 74 H. 210, 847 P.2d 652.

If demanding party fails to file application for arbitrability determination under this section, award obtained in face of judicially unresolved objection to arbitrability must be vacated and issue of arbitrability determined. 81 H. 264 (App.), 915 P.2d 1365.