1.    Except as otherwise provided in subsections 2 and 3, 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 chapter to the extent permitted by law.

Terms Used In North Dakota Code 32-29.3-04

  • Organization: includes a foreign or domestic association, business trust, corporation, enterprise, estate, joint venture, limited liability company, limited liability partnership, limited partnership, partnership, trust, or any legal or commercial entity. See North Dakota Code 1-01-49

2.    Before a controversy arises that is subject to an agreement to arbitrate, a party to the agreement may not:

a.    Waive or agree to vary the effect of the requirements of subsection 1 of section 32-29.3-05,    subsection 1    of    section    32-29.3-06,    section    32-29.3-08, subsections 1 and 2 of section 32-29.3-17, or section 32-29.3-26 or 32-29.3-28; b.    Agree to unreasonably restrict the right under section 32-29.3-09 to notice of the initiation of an arbitration proceeding; c.    Agree to unreasonably restrict the right under section 32-29.3-12 to disclosure of any facts by a neutral arbitrator; or

d.    Waive the right under section 32-29.3-16 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.

3.    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 subsection 1 or 3 of section 32-29.3-03, section 32-29.3-07, 32-29.3-14, or 32-29.3-18, subsection 4 or 5 of section 32-29.3-20, section 32-29.3-22, 32-29.3-23, or 32-29.3-24, subsection 1 or 2 of section 32-29.3-25, or section 32-29.3-29 or 32-29.3-30.

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