§ 38.217 — Waiver of requirements or variance of effects of requirements; exceptions

1. Except as otherwise provided in subsections 2 and 3, a party to an agreement to arbitrate or to an arbitral proceeding may waive, or the parties may vary the effect of, the requirements of NRS 38.206 to 38.248 , inclusive, 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 subsection 1 of NRS 38.218 , subsection 1 of NRS 38.219 , NRS 38.222 , subsection 1 or 2 of NRS 38.233 , NRS 38.244 or 38.247 ;
(b) Agree to unreasonably restrict the right under NRS 38.223 to notice of the initiation of an arbitral proceeding;
(c) Agree to unreasonably restrict the right under NRS 38.227 to disclosure of any facts by a neutral arbitrator; or
(d) Waive the right under NRS 38.232 of a party to an agreement to arbitrate to be represented by a lawyer at any proceeding or hearing under NRS 38.206 to 38.248 , inclusive, but an employer and a labor organization may waive the right to representation by a lawyer in a labor arbitration.
3. A party to an agreement to arbitrate or arbitral proceeding may not waive, or the parties may not vary the effect of, the requirements of this section or subsection 1 or 3 of NRS 38.216 , NRS 38.221 , 38.229 , 38.234 , subsection 3 or 4 of NRS 38.237 , NRS 38.239 , 38.241 , 38.242 , subsection 1 or 2 of NRS 38.243 , NRS 38.248 or 38.330 .

Legislative History

(Added to NRS by 2001, 1275 ; A 2003, 35 , 42 )