§ 7321.5 — Effect of agreement to arbitrate; nonwaivable provisions

Pennsylvania § 7321.5

• Jurisdiction: Pennsylvania
• Title 42: JUDICIARY AND JUDICIAL PROCEDURE
• Part: PART VII
• Ch. 73: ARBITRATION
• Subch.: REVISED STATUTORY ARBITRATION

Text

(a) Waiver or variance.--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) Prior to controversy.--Before a controversy arises that is subject to an agreement to arbitrate, a party to the agreement may not do any of the following:

(1) Waive or agree to vary the effect of the requirements of any of the following:

(i) Section 7321.6(a) (relating to application for judicial relief).

(ii) Section 7321.7(a) (relating to validity of agreement to arbitrate).

(iii) Section 7321.9 (relating to provisional remedies).

(iv) Section 7321.18(a) or (b) (relating to witnesses; subpoenas; depositions; discovery).

(v) Section 7321.27 (relating to jurisdiction).

(vi) Section 7321.29 (relating to appeals).

(2) Agree to unreasonably restrict the right under section 7321.10 (relating to initiation of arbitration) to notice of the initiation of an arbitration proceeding.

(3) Agree to unreasonably restrict the right under section 7321.13 (relating to disclosure by arbitrator) to disclosure of any facts by a neutral arbitrator.

(4) Waive the right under section 7321.17 (relating to representation by attorney) of a party to an agreement to arbitrate to be represented by an attorney at any proceeding or hearing under this subchapter, but an employer and a labor organization may waive the right to representation by an attorney in a labor arbitration.

(c) Absolute prohibition.--A party to an agreement to arbitrate or an arbitration proceeding may not waive, or the parties may not vary the effect of, the requirements of any of the following:

(1) This section.

(2) Section 7321.4(a) (relating to when subchapter applies).

(3) Section 7321.8 (relating to motion to compel or stay arbitration).

(4) Section 7321.15 (relating to immunity of arbitrator; competency to testify; attorney fees and costs).

(5) Section 7321.19 (relating to judicial enforcement of preaward ruling by arbitrator).

(6) Section 7321.21(d) or (e) (relating to change of award by arbitrator).

(7) Section 7321.23 (relating to confirmation of award).

(8) Section 7321.24 (relating to vacating award).

(9) Section 7321.25 (relating to modification or correction of award).

(10) Section 7321.26(a) or (b) (relating to judgment on award; attorney fees and litigation expenses).

(11) Section 7321.30 (relating to uniformity of application and construction).

(12) Section 7321.31 (relating to relationship to Electronic Signatures in Global and National Commerce Act).