(a) Except as otherwise provided in subsections (b) and (c) 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 subchapter 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:
(A) Section 16-108-205(a);
(B) Section 16-108-206(a);
(C) Section 16-108-208;
(D) Section 16-108-217(a);
(E) Section 16-108-217(b);
(F) Section 16-108-226; or
(G) Section 16-108-228;
(2) Agree to unreasonably restrict the right under § 16-108-209 to notice of the initiation of an arbitration proceeding;
(3) Agree to unreasonably restrict the right under § 16-108-212 to disclosure of any facts by a neutral arbitrator; or
(4) (A) Waive the right under § 16-108-216 of a party to an agreement to arbitrate to be represented by a lawyer at any proceeding or hearing under this subchapter.
(B) However, 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 arbitration proceeding may not waive, or the parties may not vary the effect of, the requirements of:
(1) This section;
(2) Section 16-108-203(a);
(3) Section 16-108-207;
(4) Section 16-108-214;
(5) Section 16-108-218;
(6) Section 16-108-220(d);
(7) Section 16-108-220(e);
(8) Section 16-108-222;
(9) Section 16-108-223;
(10) Section 16-108-224;
(11) Section 16-108-225(a);
(12) Section 16-108-225(b);
(13) Section 16-108-229; or
(14) Section 16-108-230.
Section: Previous 16-108-202 16-108-203 16-108-204 16-108-205 16-108-206 16-108-207 16-108-208 16-108-209 16-108-210 16-108-211 16-108-212 16-108-213 16-108-214 16-108-215 NextLast modified: November 15, 2016