(1) Except as otherwise provided in subsections (2) and (3) 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 part 2 to the extent permitted by law.
(2) Before a controversy arises that is subject to an agreement to arbitrate, a party to the agreement may not:
Waive or agree to vary the effect of the requirements of section 13-22-205 (1), 1322-206 (1), 13-22-208, 13-22-217 (1) or (2), 13-22-226, or 13-22-228;
Agree to unreasonably restrict the right under section 13-22-209 to notice of theinitiation of an arbitration proceeding;
Agree to unreasonably restrict the right under section 13-22-212 to disclosure of anyfacts by a neutral arbitrator; or
Waive the right under section 13-22-216 of a party to an agreement to arbitrate to berepresented by a lawyer at any proceeding or hearing under this part 2, but an employer and a labor organization may waive the right to representation by a lawyer in a labor arbitration.
(3) (a) Except as otherwise provided in paragraph (b) of this subsection (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 section 13-22-203 (1), 13-22-207, 13-22-214, 13-22218, 13-22-220 (4) or (5), 13-22-222, 13-22-223, 13-22-224, 13-22-225 (1) or (2), or 13-22-229.
(b) If the parties to an agreement to arbitrate or to an arbitration proceeding are a government, governmental subdivision, governmental agency, governmental instrumentality, public corporation, or any commercial entity, the parties may waive the requirements of section 13-22-223 except if the award was procured by corruption or fraud.
Source: L. 2004: Entire part R&RE, p. 1719, § 1, effective August 4.