Honorable Robert Bunda

President of the Senate

Twenty-First State Legislature

Regular Session of 2002

State of Hawaii

Sir:

Your Committee on Judiciary, to which was referred H.B. No. 2282 entitled:

begs leave to report as follows:

The purpose of this measure is to clarify the applicability of the State's Revised Uniform Arbitration Act, codified last year as Chapter 658A, Hawaii Revised Statutes (HRS).

Your Committee received testimony in support of this measure from the Hawaii Commission to Promote Uniform State Laws.

Your Committee finds that the measure addresses an omission in the Revised Uniform Arbitration Act which governs arbitration agreements made prior to the effective date of Chapter 658A, HRS, if agreed to by the parties to the agreement or to the arbitration proceeding. However, the Revised Uniform Arbitration Act is silent as to which law governs if the parties do not agree. This measure will enable the use of the provisions in the previous arbitration law, which has since been repealed, when warranted.

Your Committee believes that this technical amendment to Chapter 658A, HRS, will enhance predictability in arbitration agreements and improve the arbitration process.

As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 2282, and recommends that it pass Third Reading.