Case Notes

Language in automobile insurance policy allowing insurer or insured to demand jury trial if arbitrator's award exceeded statutory minimum limit for bodily injury liability was void for violation of public policy. 769 F. Supp. 1135.

Stay of court proceedings pending arbitration, appealability. 49 H. 59, 410 P.2d 974.

Issue of arbitration is seasonably raised even though it is first raised after the action is instituted. 53 H. 88, 488 P.2d 136.

"Default in proceeding with arbitration" construed. 53 H. 88, 488 P.2d 136.

Stay of proceedings required if matter referable to arbitration. 53 H. 88, 488 P.2d 136.

Stay of court proceedings pending arbitration, appealability; "default in proceeding with arbitration" construed. 68 H. 98, 705 P.2d 28.

Orders denying an application for a stay of proceedings until arbitration had been completed made in accordance with section are appealable orders under §641-1(a). 73 H. 433, 834 P.2d 1294.

Because the parties referred issues of scheduling/arbitrability and consolidation to arbitration, circuit court lost jurisdiction to hear appellant’s motion to postpone arbitration and to consolidate arbitrations pursuant to this section. 77 H. 481, 889 P.2d 58.

The first party to choose a forum for resolution of no-fault dispute binds the other party to that forum unless the circuit court finds that the parties have entered into a mandatory and binding arbitration agreement. 86 H. 59, 947 P.2d 371.

When defendant first informed the court about arbitration, the court was required under this section at least to satisfy itself that issue of rent abatement was referable to arbitration; if so, the court was required to stay the proceeding; fact that the court did not do so was not reversible error. 9 H. App. 566, 854 P.2d 232.

Circuit court’s stay orders affirmed, where, inter alia, circuit court was statutorily required to enter stay and was not authorized to limit stay to issues within scope of arbitration paragraph, and defendants did not waive their right to arbitration. 78 H. 107 (App.), 890 P.2d 694.

Where defendant actively participated in litigation for six years without any notice of intent to rely on arbitration until eve of trial, actions were inconsistent with reliance on defendant's right to arbitration; defendant thus waived right to arbitrate. 80 H. 96 (App.), 905 P.2d 71.

Where issue raised was whether there was breach of DROA's express warranty, court properly ordered stay of proceedings pending arbitration and to compel arbitration. 81 H. 193 (App.), 914 P.2d 1386.

As this section mandates a stay in the proceedings pending the outcome of arbitration, court erred by dismissing the action. 88 H. 442 (App.), 967 P.2d 639.

Where insured’s bad faith claim was not "any issue referable to arbitration under an agreement in writing" under this section, and action for bad faith in the first-party insurance context is independent of the policy, an ongoing appraisal process did not bar insured from bringing a lawsuit alleging bad faith handling of insured’s claim. 88 H. 442 (App.), 967 P.2d 639.

Mentioned: 848 F. Supp. 890.