Hawaii
How Epic Systems Corp. v. Lewis applies in Hawaii: state-specific rules, key cases, and bar exam notes for Arbitration.
Hawaii follows the federal precedent set by the U.S. Supreme Court in Epic Systems Corp. v. Lewis, reinforcing the enforceability of employee arbitration agreements, including collective action waivers. However, Hawaii courts may scrutinize such agreements more closely for unconscionability and procedural fairness.
Arbitration agreements in Hawaii are enforceable as long as they meet the general principles of contract law and are not deemed unconscionable.
The Hawaii Supreme Court reinforced that arbitration agreements would be enforced if they are clear and voluntary.
The court held that arbitration clauses should not prevent access to the courts unless clear language is present indicating the intentions of the parties.
The court emphasized the importance of evaluating the fairness of the arbitration process in determining the enforceability of arbitration agreements.
Hawaii generally aligns with the federal standard set forth in Epic Systems but maintains a cautious stance towards the potential unconscionability of arbitration clauses. This state-level scrutiny can lead to different outcomes when issues of procedural or substantive fairness are raised compared to certain federal precedents.
Questions on arbitration agreements and unconscionability may appear in the Hawaii bar exam, particularly in the context of employment law.