78B-11-105 - Effect of agreement to arbitrate -- Nonwaivable provisions.
78B-11-105. Effect of agreement to arbitrate -- Nonwaivable provisions.
(1) Except as otherwise provided in Subsections (2) and (3), a party to an agreement toarbitrate or to an arbitration proceeding may waive or, the parties may vary the effect of, therequirements of this chapter to the extent permitted by law.
(2) Before a controversy arises that is subject to an agreement to arbitrate, a party to theagreement may not:
(a) waive or agree to vary the effect of the requirements of Subsection 78B-11-106(1),78B-11-107(1), 78B-11-118(1) or (2), or Section 78B-11-109, 78B-11-127, or 78B-11-129;
(b) agree to unreasonably restrict the right under Section 78B-11-110 to notice of theinitiation of an arbitration proceeding;
(c) agree to unreasonably restrict the right under Section 78B-11-113 to disclosure of anyfacts by a neutral arbitrator; or
(d) waive the right under Section 78B-11-117 of a party to an agreement to arbitrate to berepresented by a lawyer at any proceeding or hearing under this chapter, but an employer and alabor organization may waive the right to representation by a lawyer in a labor arbitration.
(3) A party to an agreement to arbitrate or arbitration proceeding may not waive, or theparties may not vary the effect of, the requirements of this section or Sections 78B-11-108,78B-11-115, 78B-11-119, 78B-11-123 through 78B-11-125, 78B-11-130, Subsection78B-11-104(1), 78B-11-121(3) or (4), or 78B-11-126(1) or (2).
Renumbered and Amended by Chapter 3, 2008 General Session