§ 85A-304. Waiver.  


Latest version.
  • A.  Except as otherwise provided in subsections B and C of this section and in the laws of this state outside of this act, a party to an agreement to arbitrate or to an arbitration proceeding may waive, or the parties may vary the effect of, the requirements of this act to the extent permitted by law.

    B.  Before a controversy arises that is subject to an agreement to arbitrate, a party to the agreement may not:

    1.  Waive or agree to vary the effect of the requirements of subsection A of Section 126, subsection A of Section 127, Section 128, subsection A or B of Section 138, Section 147 or Section 149 of this act;

    2.  Agree to unreasonably restrict the right to notice of the initiation of an arbitration proceeding under Section 130 of this act;

    3.  Agree to unreasonably restrict the right to disclosure of any facts by an arbitrator under Section 133 of this act;

    4.  Waive the right of a party to an agreement to arbitrate to be represented by a lawyer at any proceeding or hearing under Section 137 of this act; or

    5.  Agree to conduct arbitration proceedings outside of this state.

    C.  A party to an agreement to arbitrate or to an arbitration proceeding may not waive, or the parties may not vary the effect of, the requirements of this section or subsection A or C of Section 124, Sections 128, 135 and 139, subsection D or E of Section 141, Sections 143, 144 and 145, or subsection A or B of Section 146 of this act.

Added by Laws 2013, c. 208, § 125, eff. Feb. 1, 2014.