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TATIBOUET v. ELLSWORTH

Nos. 22551, 22552.

54 P.3d 397 (2002)

99 Hawai`i 226

Andre S. TATIBOUET, Petitioner-Appellant, v. J.W. ELLSWORTH, Respondent-Appellee. In the Matter of the Arbitration Between J.W. Ellsworth, Claimant-Appellee, v. Andre S. Tatibouet, Individually and as President of Hotel Corporation of the Pacific, Inc., Respondent-Appellant.

Supreme Court of Hawai`i.

September 12, 2002.

Attorney(s) appearing for the Case

Michael K. Livingston and Mark S. Davis, Honolulu, of Davis Levin Livingston Grande and Peter W. Craigie and D. Austin Lewis of Craigie, McCarthy & Clow, for appellant.

Steven M. Egesdal, Honolulu, and Daniel A. Bent of Carlsmith Ball, for appellee.

MOON, C.J., LEVINSON and NAKAYAMA, JJ., and ACOBA, J., Concurring Separately, with whom RAMIL, J. Joins.

Opinion of the Court by NAKAYAMA, J.

Respondent-appellant Andre Tatibouet appeals from the first circuit court's order, the Honorable Gail Nakatani presiding, granting petitioner-appellee J.W. Ellsworth's motion to confirm his final arbitration award and denying Tatibouet's motion to vacate the arbitration award. On appeal, Tatibouet argues that the circuit court erred when it confirmed the award because the arbitration panel exceeded its authority when it: (1) failed...

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