§514A-127 - Trial de novo and appeal. - Hawaii Statutes

     §514A-127  Trial de novo and appeal.  (a)  The submission of any dispute to an arbitration under section 514A-121 shall in no way limit or abridge the right of any party to a trial de novo.

     (b)  Written demand for a trial de novo by any party desiring a trial de novo shall be made upon the other parties within ten days after service of the arbitration award upon all parties.

     (c)  The award of arbitration shall not be made known to the trier of fact at a trial de novo.

     (d)  In any trial de novo demanded under subsection (b), if the party demanding a trial de novo does not prevail at trial, the party demanding the trial de novo shall be charged with all reasonable costs, expenses, and attorneys' fees of the trial.  When there is more than one party on one or both sides of an action, or more than one issue in dispute, the court shall allocate its award of costs, expenses, and attorneys' fees among the prevailing parties and tax such fees against those nonprevailing parties who demanded a trial de novo in accordance with the principles of equity.

     (e)  Any party to an arbitration under section 514A-121 may apply to vacate, modify, or correct the arbitration award for the grounds set out in chapter 658A.  All reasonable costs, expenses, and attorneys' fees on appeal shall be charged to the nonprevailing party. [L 2007, c 244, pt of §2]