Bill Text: AZ SB1504 | 2011 | Fiftieth Legislature 1st Regular | Engrossed
Bill Title: Arbitration; waiver; restriction
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2011-04-29 - Governor Signed [SB1504 Detail]
Download: Arizona-2011-SB1504-Engrossed.html
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Senate Engrossed |
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State of Arizona Senate Fiftieth Legislature First Regular Session 2011
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SENATE BILL 1504 |
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AN ACT
amending section 12-3004, Arizona Revised Statutes; relating to the revised uniform arbitration act.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 12-3004, Arizona Revised Statutes, is amended to read:
12-3004. Effect of agreement to arbitrate; nonwaivable provisions
A. Except as otherwise provided in subsections B and C of this section, 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.
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 prescribed in section 12‑2101.01, section 12‑3005, subsection A, section 12‑3006, subsection A, or section 12‑3008, section 12‑3017, subsection A or B or section 12‑3026.
2. Agree to unreasonably restrict the right under section 12‑3009 to notice of the initiation of an arbitration proceeding.
3. Agree to unreasonably restrict the right under section 12-3012 to disclosure of any facts by a neutral arbitrator.
4. Waive the right under section 12‑3016 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.
C. A party to an agreement to arbitrate or to an arbitration proceeding may not waive, or the parties may not vary the effect of, the requirements of this section, section 12‑2101.01, section 12‑3003, subsection A, paragraph 1 or 3, section 12‑3007, 12‑3014 or 12‑3018, section 12‑3020, subsection D or E, section 12‑3022, 12‑3023 or 12‑3024, section 12‑3025, subsection A or B or section 12‑3028, 12‑3029 or 41‑2615.
