Effect of agreement to arbitrate - Nonwaivable provisions
N.D. Cent. Code § 32-29.3-04
in effect32-29.3-04. Effect of agreement to arbitrate - Nonwaivable provisions
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.
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.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://ndlegis.gov/cencode/t32c29-3.pdf#nameddest=32-29p3-04Fetched: 10/16/2026