- A. Except as otherwise provided in subsections B, C and D of this section and subject to the public policy of this state as expressed in this act, including Section 30 of this act, and in the laws of this state outside of this act, 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 the Uniform Arbitration 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 6 of this act, subsection A of Section 7 of this act, Section 9 of this act, subsection A or B of Section 18 of this act, Section 27 of this act or Section 29 of this act;
- 2. Agree to unreasonably restrict the right under Section 10 of this act to notice of the initiation of an arbitration proceeding;
- 3. Agree to unreasonably restrict the right under Section 13 of this act to disclosure of any facts by a neutral arbitrator; or
- 4. Waive the right under Section 17 of this act of a party to an agreement to arbitrate to be represented by a lawyer at any proceeding or hearing under the Uniform Arbitration Act, 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 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 4 of this act, Section 8 of this act, Section 15 of this act, Section 19 of this act, subsection D or E of Section 21 of this act, Section 23, 24 or 25 of this act, subsection A or B of Section 26 of this act, or Section 30 of this act.
- D. The Uniform Arbitration Act shall not apply to collective bargaining agreements and contracts which reference insurance.
Laws 2005, SB 873, c. 364, § 5, eff. Janaury 1, 2006.