Narayan v. The Ritz-Carlton Development Company, Inc.

OPINION OF THE COURT BY

NAKAYAMA, J.

I. INTRODUCTION

In Narayan v. Ritz-Carlton Development Co., 135 Hawai’i 327, 350 P.3d 995 (2015) (Narayan I), this court held that the Plaintiffs, a group of individual condominium owners, could not be compelled to arbitrate claims arising from the financial breakdown of a Maui condominium project. In reaching this conclusion, this court determined that the arbitration clause was unenforceable because the Plaintiffs did not unambiguously assent to arbitration and because the terms of arbitration were unconscionable.

On January 11, 2016, the Supreme Court of…