David I. Scott (“Scott”) appeals pro se the district court’s order denying his Motion to Dismiss Stipulation and granting Borg Warner Protective Services’ (“Borg Warner”) motion to confirm an arbitration award. We have jurisdiction pursuant to 28 U.S.C. § 1291. We review the district court’s confirmation of an arbitration award de novo. Grammer v. Artists Agency, 287 F.3d 886, 890 (9th Cir.2002). We reverse the district court’s order, vacate the arbitration award and remand for further proceedings in the district court. Scott was not obligated to arbitrate his dispute because he was not bound by the Pre-Dispute Resolution Agreement (“PDRA”) or the Stipulation. See Circuit City Stores, Inc. v. Adams, 279 F.3d 889, 892 (9th Cir.2002) (<HOLDING>). Under Hawaii law, an arbitration agreement is
holding that in ruling on a motion to compel arbitration a court must consider 1 whether the parties have entered into a valid arbitration agreement 2 whether an arbitrable issue exists and 3 whether the right to arbitration has been waived holding that the state circuit court did not have the authority to award prejudgment interest for matters occurring prior to arbitration award holding that the ninth circuit looks to state contract law to determine whether an arbitration award is valid holding that under an apa claim one looks to substantive statutes to determine whether zoneofinterests test is met holding that the trial court must determine whether a subsequent contract superseded and invalidated a prior contract containing an arbitration provision