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NARAYAN v. RITZ-CARLTON DEVELOPMENT CO., INC.

No. SCWC-12-0000819.

350 P.3d 995 (2015)

Krishna NARAYAN; Sherrie Narayan; Virendra Nath; Nancy Makowski; Keith MacDonald as Co-Trustee for the DKM Trust Dated October 7, 2011; Simon Yoo; Sumiyo Sakaguchi; Susan Renton, as Trustee for the Renton Family Trust Dated 12/3/09; Stephen Xiang Pang; Faye Wu Liu; Massy Mehdipour as Trustee for Massy Mehdipour Trust Dated June 21, 2006; G. Nicholas Smith; Tristine Smith; Ritz 1303 Re, LLC, a Colorado Limited Liability Company; and Bradley Chaffee as Trustee of the Charles V. Chaffee BRC Stock Trust Dated 12/1/99 and the Clifford W. Chaffee BRC Stock Trust Dated 1/4/98, Petitioners/Plaintiffs-Appellees, v. The RITZ-CARLTON DEVELOPMENT COMPANY, INC.; The Ritz-Carlton Management Company, LLC; John Albert; Edgar Gum, Respondents/Defendants-Appellants, and Marriott International Inc.; Maui Land & Pineapple Co., Inc.; Exclusive Resorts, LLC; Kapalua Bay, LLC; Association of Apartment Owners of Kapalua Bay Condominium; Caroline Peters Belsom; Cathy Ross; Robert Parsons; Ryan Churchill; The Ritz-Carlton Hotel Company, L.L.C.; Marriott Vacations Worldwide, Corporation; Marriott Ownership Resorts, Inc.; Marriott Two Flags, LP; MH Kapalua Venture, LLC; MLP KB Partner LLC; Kapalua Bay Holdings, LLC; ER Kapalua Investors Fund, LLC; ER Kapalua Investors Fund Holdings, LLC; Exclusive Resorts Development Company, LLC; and Exclusive Resorts Club I Holdings, LLC, Respondents/Defendants.

Supreme Court of Hawai`i.

June 3, 2015.

Attorney(s) appearing for the Case

Terence J. O'Toole, Judith Ann Pavey, and Andrew J. Lautenbach, Honolulu, for petitioners.

Bert T. Kobayashi, Jr., Lex R. Smith, Joseph A. Stewart and Maria Y. Wang, Honolulu, for respondents The Ritz-Carlton Development Company, Inc., The Ritz-Carlton Management Company, LLC, John Albert and Edgar Gum and respondents Marriott International, Inc., The Ritz-Carlton Hotel Company, LLC, Marriott Two Flags, LP, Marriott Ownership Resorts, Inc., MH Kapalua Venture, LLC, and Marriott Vacations Worldwide Corporation.

RECKTENWALD, C.J., NAKAYAMA, McKENNA and POLLACK, JJ., and Circuit Judge NAKASONE, in place of ACOBA, J., recused.

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...

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