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

(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 N.C. Gen. Stat. § 50-42, 50-49(a), (b), or (c), 50-58, or 50-59.

divorce

Ask a divorce law question, get an answer ASAP!
Thousands of highly rated, verified divorce lawyers.
Specialties include: Family Law, Custody, Divorce, Child Support, Child Protection, Alimony, and more.
Click here to chat with a lawyer about your rights.

Terms Used In North Carolina General Statutes 50-42.1

  • in writing: may be construed to include printing, engraving, lithographing, and any other mode of representing words and letters: Provided, that in all cases where a written signature is required by law, the same shall be in a proper handwriting, or in a proper mark. See North Carolina General Statutes 12-3

(2) Agree to unreasonably restrict the right to notice of the initiation of an arbitration proceeding under N.C. Gen. Stat. § 50-42.2(a) or (b).

(3) Agree to unreasonably restrict the right to disclosure of any facts by a neutral arbitrator under N.C. Gen. Stat. § 50-45.1

(c) Except as otherwise provided in this Article, a party to an agreement to arbitrate or an arbitration proceeding may not waive, or the parties shall not vary the effect of, the requirements of this section or N.C. Gen. Stat. § 50-43, 50-45(f), 50-52 through 50-57, or 50-60 through 50-62.

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

  Previous section
Next section  
 Article 3 Contents