Haw. Code R. § 13-210-18 - Arbitration

(a) All unresolved disputes arising under the partnership agreement shall be referred to a board of arbitration. The disputing party shall notify the other of such fact in writing, and a board of three arbitrators, who shall be experienced and familiar with both the natural ecological values and current accepted natural resource management practices of the Hawaiian Islands, shall decide the issue based on the terms of the partnership agreement and the management plan, as amended. One arbitrator shall be appointed by the State, one shall be appointed by the managing partner, and one shall be selected by the first two appointees. If the two appointees cannot agree on the matter, the matter shall be decided by the third member of the panel who was selected by the other two appointees.

(b) All disputed activities which either party asserts may harm the conservation purposes of the partnership agreement shall be discontinued until the dispute is resolved; provided that the work, services, or activities that are either required or allowed under the conservation easement between private landowner and cooperating entity, as it existed at the original execution of the partnership agreement, shall not be deemed harmful to the conservation purposes of the partnership agreement. Either part may bring an action in court to enforce this subsection by injunction.

(c) The decision of the panel or the third member of the panel shall be final, conclusive, and binding upon all parties. The parties shall not challenge the decision as arbitrated under this provision unless circumstances have so changed as to make the arbitrated decision inapplicable to the present situation.

(d) The provisions of this section shall be governed by the provisions of chapter 658, HRS, as chapter 658, HRS, existed on the effective date of the partnership agreement and the arbitrators shall have all the powers and duties prescribed by chapter 658, HRS. Judgment may be entered upon any such order by the applicable circuit court of the State of Hawaii, as provided in chapter 658, HRS.

(e) All costs of such arbitration, other than attorneys' fees, shall be borne equally by both parties.

Notes

Haw. Code R. § 13-210-18

[Eff JAN 08 1999] (Auth: HRS § 195-6.5(b) (5)) (Imp: HRS § 195-6.5(b) (5))