1-569.4. 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 Article to the extent provided 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 G.S. 1-569.5(a), 1-569.6(a), 1-569.8, 1-569.17(a), 1-569.17(b), 1-569.26, or 1-569.28;
(2) Agree to unreasonably restrict the right under G.S. 1-569.9 to notice of the initiation of an arbitration proceeding;
(3) Agree to unreasonably restrict the right under G.S. 1-569.12 to disclosure of any facts by a neutral arbitrator; or
(4) Waive the right under G.S. 1-569.16 of a party to an agreement to arbitrate to be represented by an attorney at any proceeding or hearing under this Article, 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 shall not vary the effect of, the requirements of this section or G.S. 1-569.3(a), 1-569.7, 1-569.14, 1-569.18, 1-569.20(d), 1-569.20(e), 1-569.22, 1-569.23, 1-569.24, 1-569.25(a), 1-569.25(b), 1-569.29, 1-569.30, 1-569.31. Any waiver contrary to this section shall not be effective but shall not have the effect of voiding the agreement to arbitrate. (2003-345, s. 2.)
Structure North Carolina General Statutes
North Carolina General Statutes
Article 45C - Revised Uniform Arbitration Act.
§ 1-569.3 - When Article applies.
§ 1-569.4 - Effect of agreement to arbitrate; nonwaivable provisions.
§ 1-569.5 - Application for judicial relief.
§ 1-569.6 - Validity of agreement to arbitrate.
§ 1-569.7 - Motion to compel or stay arbitration.
§ 1-569.8 - Provisional remedies.
§ 1-569.9 - Initiation of arbitration.
§ 1-569.10 - Consolidation of separate arbitration proceedings.
§ 1-569.11 - Appointment of arbitrator; service as a neutral arbitrator.
§ 1-569.12 - Disclosure by arbitrator.
§ 1-569.13 - Action by majority.
§ 1-569.14 - Immunity of arbitrator; competency to testify; attorneys' fees and costs.
§ 1-569.15 - Arbitration process.
§ 1-569.16 - Representation by lawyer.
§ 1-569.17 - Witnesses; subpoenas; depositions; discovery.
§ 1-569.18 - Judicial enforcement of preaward ruling by arbitrator.
§ 1-569.20 - Change of award by arbitrator.
§ 1-569.21 - Remedies; fees and expenses of arbitration proceeding.
§ 1-569.22 - Confirmation of award.
§ 1-569.24 - Modification or correction of award.
§ 1-569.25 - Judgment on award; attorneys' fees and litigation expenses.
§ 1-569.29 - Uniformity of application and construction.
§ 1-569.30 - Relationship to federal Electronic Signatures in Global and National Commerce Act.