§85A-304. Waiver.

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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 and in the laws of this state outside of this title, 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 act 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 subsection A of Section 305, subsection A of Section 306, Section 307, subsection A or B of Section 317, Section 326 or Section 328 of this title;

2. Agree to unreasonably restrict the right to notice of the initiation of an arbitration proceeding under Section 309 of this title;

3. Agree to unreasonably restrict the right to disclosure of any facts by an arbitrator under Section 312 of this title;

4. Waive the right of a party to an agreement to arbitrate to be represented by a lawyer at any proceeding or hearing under Section 316 of this title; or

5. Agree to conduct arbitration proceedings outside of this state.

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 or subsection A or C of Section 304, Sections 307, 314 and 318, subsection D or E of Section 320, Sections 322, 323 and 324, or subsection A or B of Section 325 of this title. Added by Laws 2013, c. 208, § 125, eff. Feb. 1, 2014. Amended by Laws 2019, c. 476, § 43, emerg. eff. May 28, 2019.