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, 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.
Notes of Decisions
J Hamblen Et Ux v. Hon. hatch/winslow Mem'l, 398 P.3d 99 (Ariz. 2017).
· cites it 2× “See A.R.S. §§ 12-3004(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.”
Dueñas v. Life Care Centers of Am., Inc., 336 P.3d 763 (Ariz. Ct. App. 2014).
· cites it 2× “In other words, both the existence and scope of arbitration agreements are ordinarily decided by the court, and not by an arbitrator.”
Helen Yu-Wen Chang v. Siu, 323 P.3d 725 (Ariz. Ct. App. 2014).
· cites it 2× “Section 4(c) of the revised Uniform Arbitration Act, A.R.S. § 12-3004(C), provides that parties "may not waive[ ] or .”
Gray v. Gc Servs. (Ariz. Ct. App. 2022).
· cites it 2× “A.R.S. § 12-3004(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 .”
Rickman Brown v. Eva Sperber-Porter, 711 F. App'x 416 (9th Cir. 2018).
“But see Ariz. Rev. Stat. Ann. § 12-3004 (C). We would reach the same result under the Revised Uniform Arbitration Act.”
— Ariz. Rev. Stat. § 12-3004(A) — 1 case
J Hamblen Et Ux v. Hon. hatch/winslow Mem'l, 398 P.3d 99 (Ariz. 2017).
“See A.R.S. §§ 12-3004(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.”
— Ariz. Rev. Stat. § 12-3004(C) — 2 cases
Helen Yu-Wen Chang v. Siu, 323 P.3d 725 (Ariz. Ct. App. 2014).
“Section 4(c) of the revised Uniform Arbitration Act, A.R.S. § 12-3004(C), provides that parties "may not waive[ ] or .”
Gray v. Gc Servs. (Ariz. Ct. App. 2022).
“A.R.S. § 12-3004(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 .”
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