12-3004. Effect of agreement to arbitrate; nonwaivable provisions

255 words·~1 min read·/az/title-12/12-3004

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

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 chapter 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 prescribed in section 12-2101.01, section 12-3005, subsection A, section 12-3006, subsection A, section 12-3008, section 12-3017, subsection A or B or section 12-3026.

2. Agree to unreasonably restrict the right under section 12-3009 to notice of the initiation of an arbitration proceeding.

3. Agree to unreasonably restrict the right under section 12-3012 to disclosure of any facts by a neutral arbitrator.

4. Waive the right under section 12-3016 of a party to an agreement to arbitrate to be represented by a lawyer at any proceeding or hearing under this chapter, 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, section 12-2101.01, section 12-3003, subsection A, paragraph 1 or 3, section 12-3007, 12-3014 or 12-3018, section 12-3020, subsection D or E, section 12-3022, 12-3023 or 12-3024, section 12-3025, subsection A or B or section 12-3028, 12-3029 or 41-2615.