State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_1 > GS_1-569_4

§ 1‑569.4.  Effect ofagreement to arbitrate; nonwaivable provisions.

(a)        Except as otherwiseprovided in subsections (b) and (c) of this section, a party to an agreement toarbitrate or to an arbitration proceeding may waive, or the parties may varythe effect of, the requirements of this Article to the extent provided by law.

(b)        Before acontroversy arises that is subject to an agreement to arbitrate, a party to theagreement may not:

(1)        Waive or agree tovary 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 tounreasonably restrict the right under G.S. 1‑569.9 to notice of theinitiation of an arbitration proceeding;

(3)        Agree tounreasonably restrict the right under G.S. 1‑569.12 to disclosure of anyfacts by a neutral arbitrator; or

(4)        Waive the rightunder G.S. 1‑569.16 of a party to an agreement to arbitrate to berepresented by an attorney at any proceeding or hearing under this Article, butan employer and a labor organization may waive the right to representation by alawyer in a labor arbitration.

(c)        A party to anagreement to arbitrate or to an arbitration proceeding may not waive, or theparties 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 waivercontrary to this section shall not be effective but shall not have the effectof voiding the agreement to arbitrate. (2003‑345, s. 2.)