§ 29-5-305 — Effect of agreement to arbitrate - Nonwaivable provisions

Tennessee § 29-5-305

• Jurisdiction: Tennessee
• Title: 29

Text

(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 part to the extent permitted by law. (b) Before a controversy arises that is subject to an agreement to arbitrate, a party to the agreement shall not: (1) Waive or agree to vary the effect of the requirements of § 29-5-306(a) , § 29-5-307(a) , § 29-5-309 , § 29-5-318(a) or (b) , § 29-5-327 , or § 29-5-329 ; (2) Agree to unreasonably restrict the right under § 29-5-310 to notice of the initiation of an arbitration proceeding; (3) Agree to unreasonably restrict the right under § 29-5-313 to disclosure of facts by a neutral arbitrator; or (4) Waive the right under § 29-5-317 of a party to an agreement to arbitrate to be represented by a lawyer at a proceeding or hearing under this part, but an employer or 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 shall not waive, or the parties shall not vary the effect of, the requirements of this section or § 29-5-304(a) or (c) , § 29-5-308 , § 29-5-315 , § 29-5-319 , § 29-5-321(d) or (e) , § 29-5-323 , § 29-5-324 , § 29-5-325 , § 29-5-326(a) or (b) , § 29-5-330 , § 29-5-331 , § 29-5-332, or § 29-5-333.

Legislative History

Added by 2023 Tenn. Acts, ch. 319, s 1, eff. 7/1/2023.