Colorado § 13-22-204 Effect of agreement to arbitrate - nonwaivable provisions

Colorado Statutes

§ 13-22-204 — Effect of agreement to arbitrate - nonwaivable provisions

Colorado·Title 13 Courts·Art. Age of Competence - Arbitration

(1)Except as otherwise provided in subsections (2) and (3) of this section, 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 part 2 to the extent permitted by law.

(2)Before a controversy arises that is subject to an agreement to arbitrate, a party to the agreement may not:

(a)Waive or agree to vary the effect of the requirements of section 13-22-205 (1), 13-22-206 (1), 13-22-208, 13-22-217 (1) or (2), 13-22-226, or 13-22-228;

(b)Agree to unreasonably restrict the right under section 13-22-209 to notice of the initiation of an arbitration proceeding;

(c)Agree to unreasonably restrict the right under section 13-22-212 to disclosure of any facts by a neutral arbitrator; or

(d)Wa

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(1)
Except as otherwise provided in subsections (2) and (3) of this section, 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 part 2 to the extent permitted by
law.

(2) Before a controversy arises that is subject to an agreement to arbitrate, a
party to the agreement may not:

(a) Waive or agree to vary the effect of the requirements of section 13-22-205 (1), 13-22-206 (1), 13-22-208, 13-22-217 (1) or (2), 13-22-226, or 13-22-228;

(b) Agree to unreasonably restrict the right under section 13-22-209 to
notice of the initiation of an arbitration proceeding;

(c) Agree to unreasonably restrict the right under section 13-22-212 to
disclosure of any facts by a neutral arbitrator; or

(d) Waive the right under section 13-22-216 of a party to an agreement to
arbitrate to be represented by a lawyer at any proceeding or hearing under this part
2, but an employer and a labor organization may waive the right to representation
by a lawyer in a labor arbitration.

(3) (a) Except as otherwise provided in paragraph (b) of this subsection (3), 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 section 13-22-203 (1), 13-22-207, 13-22-214, 13-22-218, 13-22-220 (4) or (5), 13-22-222, 13-22-223,
13-22-224, 13-22-225 (1) or (2), or 13-22-229.

(b) If the parties to an agreement to arbitrate or to an arbitration proceeding
are a government, governmental subdivision, governmental agency, governmental
instrumentality, public corporation, or any commercial entity, the parties may waive
the requirements of section 13-22-223 except if the award was procured by
corruption or fraud.

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