§658A-3 When chapter applies. (a) Except as provided in subsection (c), this chapter governs an agreement to arbitrate made on or after July 1, 2002.
(b) This chapter governs an agreement to arbitrate made before July 1, 2002, if all the parties to the agreement or to the arbitration proceeding so agree in a record. If the parties to the agreement or to the arbitration do not so agree in a record, an agreement to arbitrate that is made before July 1, 2002, shall be governed by the law specified in the agreement to arbitrate or, if none is specified, by the state law in effect on the date when the arbitration began or on June 30, 2002, whichever first occurred.
(c) After June 30, 2004, this chapter governs an agreement to arbitrate whenever made. [L 2001, c 265, pt of §1; am L 2002, c 50, §1]
Revision Note
"July 1, 2002" substituted for "the effective date of this chapter".
Case Notes
Where appellant was already bound by an arbitration agreement executed on February 24, 2000, and therefore the post-July 1, 2002 arbitration agreement was not a "new" arbitration agreement that would dictate the application of this chapter to the arbitration proceedings, subsection (a) was inapplicable to the case. 113 H. 127, 149 P.3d 495 (2006).
Where arbitration proceeding commenced prior to June 30, 2004, subsection (c) was inapplicable to the case; thus, under the circumstances of the case and the plain language of subsection (b), the governing law applicable to the arbitration proceeding was chapter 658. 113 H. 127, 149 P.3d 495 (2006).
Where the agreement to arbitrate was executed on February 24, 2000 and the arbitration proceeding commenced on February 18, 2004, that is, prior to June 30, 2004 but after June 30, 2002, pursuant to the plain reading of the alternative stated in the second sentence of subsection (b), the governing law applicable to the arbitration proceeding was the law that was in effect on June 30, 2002, i.e., chapter 658. 113 H. 127, 149 P.3d 495 (2006).
To the extent that there may be a conflict between the jurisdictional provisions of this chapter and chapter 89, chapter 89 takes precedence over this chapter. 132 H. 492 (App.), 323 P.3d 136 (2014).
Cited: 134 H. 489, 345 P.3d 155 (2015).