State Codes and Statutes

Statutes > North-carolina > Chapter_50 > GS_50-42_1

§ 50‑42.1.  Nonwaivableprovisions.

(a)        Except as otherwiseprovided in subsections (b) and (c) of this section or in this Article, a partyto an agreement to arbitrate or an arbitration proceeding may waive, or theparties may vary the effect of, the requirements of this Article to the extentprovided by law. Any waiver or agreement must be in writing.

(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. 50‑42, 50‑49(a), (b),or (c), 50‑58, or 50‑59.

(2)        Agree tounreasonably restrict the right to notice of the initiation of an arbitrationproceeding under G.S. 50‑42.2(a) or (b).

(3)        Agree tounreasonably restrict the right to disclosure of any facts by a neutralarbitrator under G.S. 50‑45.1.

(c)        Except as otherwiseprovided in this Article, a party to an agreement to arbitrate or anarbitration proceeding may not waive, or the parties shall not vary the effectof, the requirements of this section or G.S. 50‑43, 50‑45(f), 50‑52through 50‑57, or 50‑60 through 50‑62.

(d)        Any waiver contraryto this section shall not be effective but shall not have the effect of voidingthe agreement to arbitrate. (2005‑187, s. 1.)

State Codes and Statutes

Statutes > North-carolina > Chapter_50 > GS_50-42_1

§ 50‑42.1.  Nonwaivableprovisions.

(a)        Except as otherwiseprovided in subsections (b) and (c) of this section or in this Article, a partyto an agreement to arbitrate or an arbitration proceeding may waive, or theparties may vary the effect of, the requirements of this Article to the extentprovided by law. Any waiver or agreement must be in writing.

(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. 50‑42, 50‑49(a), (b),or (c), 50‑58, or 50‑59.

(2)        Agree tounreasonably restrict the right to notice of the initiation of an arbitrationproceeding under G.S. 50‑42.2(a) or (b).

(3)        Agree tounreasonably restrict the right to disclosure of any facts by a neutralarbitrator under G.S. 50‑45.1.

(c)        Except as otherwiseprovided in this Article, a party to an agreement to arbitrate or anarbitration proceeding may not waive, or the parties shall not vary the effectof, the requirements of this section or G.S. 50‑43, 50‑45(f), 50‑52through 50‑57, or 50‑60 through 50‑62.

(d)        Any waiver contraryto this section shall not be effective but shall not have the effect of voidingthe agreement to arbitrate. (2005‑187, s. 1.)


State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_50 > GS_50-42_1

§ 50‑42.1.  Nonwaivableprovisions.

(a)        Except as otherwiseprovided in subsections (b) and (c) of this section or in this Article, a partyto an agreement to arbitrate or an arbitration proceeding may waive, or theparties may vary the effect of, the requirements of this Article to the extentprovided by law. Any waiver or agreement must be in writing.

(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. 50‑42, 50‑49(a), (b),or (c), 50‑58, or 50‑59.

(2)        Agree tounreasonably restrict the right to notice of the initiation of an arbitrationproceeding under G.S. 50‑42.2(a) or (b).

(3)        Agree tounreasonably restrict the right to disclosure of any facts by a neutralarbitrator under G.S. 50‑45.1.

(c)        Except as otherwiseprovided in this Article, a party to an agreement to arbitrate or anarbitration proceeding may not waive, or the parties shall not vary the effectof, the requirements of this section or G.S. 50‑43, 50‑45(f), 50‑52through 50‑57, or 50‑60 through 50‑62.

(d)        Any waiver contraryto this section shall not be effective but shall not have the effect of voidingthe agreement to arbitrate. (2005‑187, s. 1.)

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