5-426. Effect of agreement to arbitrate; nonwaivable provisions.

274 words·~1 min read·/ks/chapter-5/5-426

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 K.S.A. 5-423 through 5-453 , and amendments thereto, 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 K.S.A. 5-427 (a), 5-428 (a), 5-430 , 5-439

(a)or (b), 5-448 or 5-450 , and amendments thereto;

(2)agree to unreasonably restrict the right under K.S.A. 5-431 , and amendments thereto, to notice of the initiation of an arbitration proceeding;

(3)agree to unreasonably restrict the right under K.S.A. 5-434 , and amendments thereto, to disclosure of any facts by a neutral arbitrator; or

(4)waive the right under K.S.A. 5-438 , and amendments thereto, of a party to an agreement to arbitrate to be represented by a lawyer at any proceeding or hearing under K.S.A. 5-423 through 5-453 , and amendments thereto, 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 may not waive, or the parties may not vary the effect of, the requirements of this section or K.S.A. 5-425 , 5-429 , 5-436 , 5-440 , 5-442

(d)or (e), 5-444 , 5-445 , 5-446 , 5-447

(a)or (b), 5-451 , 5-452 or 5-453 , and amendments thereto.