§ 12-1855 — Waivers.

A. Except as otherwise provided in subsections B, C and D of this section and subject to the public policy of this state as expressed in the Uniform Arbitration Act, including Section 1880 of this title, 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 the Uniform Arbitration 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 1856, subsection A of Section 1857, Section 1859, subsection A or B of Section 1868, Section 1877 or Section 1879 of this title; 2. Agree to unreasonably restrict the right under Section 1860 of this title to notice of the initiation of an arbitration proceeding; 3. Agree to unreasonably restrict the right under Section 1863 of this title to disclosure of any facts by a neutral arbitrator; or 4. Waive the right under Section 1867 of this title of a party to an agreement to arbitrate to be represented by a lawyer at any proceeding or hearing under the Uniform Arbitration Act, but 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 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 1854, Section 1858, Section 1865, Section 1869, subsection D or E of Section 1871, Section 1873, 1874 or 1875, subsection A or B of Section 1876, or Section 1880 of this title. D. The Uniform Arbitration Act shall not apply to collective bargaining agreements and contracts which reference insurance, except for those contracts between insurance companies.

Legislative History

Added by Laws 2005, c. 364, § 5. Amended by Laws 2008, c. 111, § 1, eff. Nov. 1, 2008.