Daiichi Hawai'i Real Estate Corp. v. Lichter

Dissenting Opinion of

ACOBA, J.

I would affirm the findings of fact, conclusions of law, and the February 18, 2000 order by the first circuit court (the court) granting the motion of Lessee-Appellee Dai-ichi Hawai'i Real Estate Corporation (Daii-chi) to vacate the arbitration decision on a finding of evident partiality, Hawai'i Revised Statute (HRS) § 658-9(2) (1993).1 As an arbitrator, William M. Swope (Swope) had a duty to disclose the extensive relationship he had with Lessor-Appellant Lichter,2 one of the parties to the arbitration. Daiichi had a right to rely on Swope’s June 22,1999…