§658A-4 Effect of agreement to arbitrate; nonwaivable provisions.

311 words·~1 min read·/hi/658a-4

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), 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 shall not:

(1)Waive or agree to vary the effect of the requirements of section 658A-5(a), 658A-6(a), 658A-8, 658A-17(a), 658A-17(b), 658A-26, or 658A-28;

(2)Agree to unreasonably restrict the right under section 658A-9 to notice of the initiation of an arbitration proceeding;

(3)Agree to unreasonably restrict the right under section 658A-12 to disclosure of any facts by a neutral arbitrator; or

(4)Waive the right under section 658A-16 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 arbitration proceeding shall not waive, or the parties shall not vary the effect of, the requirements of this section or section 658A-3(a) or (c), 658A-7, 658A-14, 658A-18, 658A-20(d) or (e), 658A-22, 658A-23, 658A-24, 658A-25(a) or (b), or 658A-29. [L 2001, c 265, pt of §1; am L 2002, c 16, §27]

Case Notes

Discovery provisions of arbitration agreement that controlled the manner in which an arbitrator may issue subpoenas and permit depositions were unconscionable because they:

(1)placed severe limitations on the disclosure of relevant information and hindered parties' ability to prove their claims; and

(2)violated parts of this chapter, including subsection (b)(1) and §658A-17, which grant an arbitrator considerable discretion in permitting discovery. 140 H. 343, 400 P.3d 544 (2017).