Hawaii Supreme Court Finds Arbitrator-Selection Clause Fundamentally Unfair

November 1, 2014

The Hawaii Supreme Court has held that the arbitrator-selection clause of a home builder’s warranty was fundamentally unfair because it gave the developer’s own agent sole discretion to select an arbitration service to resolve a construction-defect dispute with the homeowners.   Martin ghost-wrote the appellate briefs and the certiorari petition for the Hawaii lawyers.