A person or entity seeking to compel arbitration under the Federal Arbitration Act—or under a state law arbitration statute—generally must establish that a valid arbitration agreement exists and that the person or entity’s claims are within the scope of the arbitration agreement. A party typically initiates an arbitration proceeding by filing the arbitration case with the agreed-upon administrator of the arbitration (AAA, JAMS, FINRA), or by filing a motion to compel arbitration when another party has initiated a legal action in court (a lawsuit).

In Hawaii, as in other states, the process to compel arbitration is guided by both the Federal Arbitration Act (FAA) and state law. To compel arbitration, the party seeking it must demonstrate that a valid arbitration agreement exists between the parties involved and that the specific claims fall within the scope of that agreement. The arbitration agreement is a contract in which parties agree to settle disputes outside of court, typically in a more expedited and private manner. If there is an existing arbitration clause within a contract, and one party initiates a lawsuit in court instead of arbitration, the other party can file a motion to compel arbitration in accordance with the terms of the agreement. The motion is filed in the court where the lawsuit is pending. The arbitration process itself is usually initiated by filing a case with the arbitration organization named in the agreement, such as the American Arbitration Association (AAA), Judicial Arbitration and Mediation Services (JAMS), or the Financial Industry Regulatory Authority (FINRA), depending on the nature of the dispute and the stipulations of the contract.