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

Opinion of the Court by

NAKAYAMA, J.

In this appeal we address whether the plaintiffs, a group of individual condominium owners, can be compelled to arbitrate claims arising from financial problems at a Maui condominium project. We hold that because the condominium owners did not unambiguously assent to arbitration, the purported agreement to arbitrate is unenforceable. We also address the doctrine of unconscionability-

I. BACKGROUND

A. Factual History

This case arose from the financial breakdown of a Maui condominium development formerly known as the Rite-Carlton Club & Residences at Kapalua Bay…