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B.__Agree to unreasonably restrict the right under section | | 8709 to notice of the initiation of an arbitration | | proceeding; |
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| | | C.__Agree to unreasonably restrict the right under section | | 8712 to disclosure of any facts by a neutral arbitrator; | | or |
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| | | D.__Waive the right under section 8716 of a party to an | | agreement to arbitrate to be represented by a lawyer at | | any proceeding or hearing under this chapter, but an | | employer and a labor organization may waive the right to | | representation by a lawyer in a labor arbitration. |
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| | | 3.__Requirements that may not be waived or varied.__A party | | to an agreement to arbitrate or arbitration proceeding may not | | waive, or the parties may not vary the effect of the | | requirements of this section or section 8703, subsection 1 or | | 3; 8707; 8714; 8718; 8720, subsection 4 or 5; 8722; 8723; | | 8724; 8725, subsection 1 or 2; 8729; 8730; or 8731. |
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| | | 1. Section 4 is similar to provisions in the Uniform | | Partnership Act (Section 103) and in the proposed Revised | | Uniform Limited Partnership Act (Section 101B). The intent of | | Section 4 is to indicate that, although the RUAA is primarily | | a default statute and the parties' autonomy as expressed in | | their agreements concerning an arbitration normally should | | control the arbitration, there are provisions that parties | | cannot waive prior to a dispute arising under an arbitration | | agreement or cannot waive at all. |
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| | | 2. Section 4(a) embodies the notion of party autonomy in | | shaping their arbitration agreement or arbitration process. It | | should be noted that, subject to Section 4(b) and (c) and in | | accordance with Comment 1 to Section 6, although the parties' | | arbitration agreement must be in a record, they subsequently | | may vary that agreement orally, for instance, during the | | arbitration proceeding. |
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| | | 3. The phrase "to the extent permitted by law" is included | | in Section 4(a) to inform the parties that they cannot vary | | the terms of an arbitration agreement from the RUAA if the | | result would violate applicable law. This situation occurs | | most often when a party includes unconscionable provisions in | | an arbitration agreement. See Comment 7 to Section 6. The law | | in some circumstances may disallow parties from limiting | | certain remedies, such as attorney's fees and punitive or | | other exemplary |
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