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HAMADA v. WESTCOTT

Nos. 23124, 23125.

74 P.3d 33 (2003)

102 Hawai'i 210

Frank HAMADA; Vernon G. Koike, Trustee for the Benefit of VLC, Inc. Money Purchase Pension Plan and VLC, Inc. Profit Sharing Plan; Koichi Ohara; Pacific Consultants, Inc.; and Hiroshi Shimada, Petitioners-Appellees, v. Jay WESTCOTT; Waikiki Beach Ice Cream, Inc.; and Akahi Hawaii, Inc., Respondents-Appellants. Jay Westcott; Waikiki Beach Ice Cream, Inc.; and Akahi Hawaii, Inc., Petitioners-Appellants, v. Frank Hamada; Vernon G. Koike, Trustee for the Benefit of VLC, Inc. Money Purchase Pension Plan and VLC, Inc. Profit Sharing Plan; Koichi Ohara; Pacific Consultants, Inc.; and Hiroshi Shimada, Respondents-Appellees.

Supreme Court of Hawaii.

As Corrected August 11, 2003.

Attorney(s) appearing for the Case

Jason F. Oliver and Ann C. Kemp (Oliver, Lau, Lawhn, Ogawa & Nakamura), on the briefs, for appellants.

James A. Nakano, Russell K. Saito, and Ann S. Isobe (Devens, Nakano, Saito, Lee, Wong & Ching), on the briefs, for appellees.

MOON, C.J., LEVINSON, NAKAYAMA, ACOBA, JJ., and Circuit Judge CRANDALL, assigned by reason of vacancy.

Opinion of the Court by ACOBA, J.

In the absence of an express authorization by statute, as is the case here, we hold that attorneys' fees and costs may not be awarded in an arbitration proceeding unless the governing arbitration agreement provides for such an award. The underlying arbitration agreement lacked any provision authorizing an award of attorneys' fees and costs to the prevailing party. Accordingly, the January 4, 2000 order of the first circuit court ...

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