§ 16-108-204 — Effect of agreement to arbitrate - Nonwaivable provisions

(a) Except as otherwise provided in subsections (b) and (c), 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 subchapter 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 § 16-108-205(a) , § 16-108-206(a) , § 16-108-208 , § 16-108-217(a) , § 16-108-217(b) , § 16-108-226 , or § 16-108-228 ; (2) agree to unreasonably restrict the right under § 16-108-209 to notice of the initiation of an arbitration proceeding; (3) agree to unreasonably restrict the right under § 16-108-212 to disclosure of any facts by a neutral arbitrator; or (4) waive the right under § 16-108-216 of a party to an agreement to arbitrate to be represented by a lawyer at any proceeding or hearing under this subchapter, however an employer and a labor organization may waive the right to representation by a lawyer in a labor arbitration. (c) A party to an agreement to arbitrate or arbitration proceeding may not waive, or the parties may not vary the effect of, the requirements of this section or § 16-108-203(a) , § 16-108-207 , § 16-108-214 , § 16-108-218 , § 16-108-220(d) , § 16-108-220(e) , § 16-108-222 , § 16-108-223 , § 16-108-224 , § 16-108-225(a) , § 16-108-225(b) , § 16-108-230 , or § 16-108-233 .

Legislative History

Acts 2011, No. 695, § 1.