2A:23B-4 - Effect of agreement to arbitrate; nonwaivable provisions
2A:23B-4 Effect of agreement to arbitrate; nonwaivable provisions.
4.Effect of Agreement to Arbitrate; Nonwaivable Provisions.
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 act to the extent permitted by law.
b.Before a controversy that is subject to an agreement to arbitrate arises, a party to the agreement may not:
(1)waive or agree to vary the effect of the requirements of section 5a., 6a., 8, 17a., 17b., 26, or 28 of this act;
(2)agree to unreasonably restrict the right to notice of the initiation of an arbitration proceeding pursuant to section 9 of this act;
(3)agree to unreasonably restrict the right to disclosure of any facts by an arbitrator pursuant to section 12 of this act; or
(4)waive the right of a party to an agreement to arbitrate to be represented by a lawyer pursuant to section 16 of this act at any proceeding or hearing pursuant to this act.
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 section 3a., 3c., 7, 14, 18, 20d., 20e., 22, 23, 24, 25a., 25b., 29, 30, 34 or 35. Provided however, that nothing in this act shall preclude the parties from expanding the scope of judicial review of an award by expressly providing for such expansion in a record.
L.2003,c.95,s.4.