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Current as of January 01, 2025 | Updated by Findlaw Staff
(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:
(a) Waive or agree to vary the effect of the requirements of section 13-22-205(1), 13-22-206(1), 13-22-208, 13-22-217(1) or (2), 13-22-226, or 13-22-228;
(b) Agree to unreasonably restrict the right under section 13-22-209 to notice of the initiation of an arbitration proceeding;
(c) Agree to unreasonably restrict the right under section 13-22-212 to disclosure of any facts by a neutral arbitrator; or
(d) Waive the right under section 13-22-216 of a party to an agreement to arbitrate to be represented 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, 13-22-218, 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.
Cite this article: FindLaw.com - Colorado Revised Statutes Title 13. Courts and Court Procedure § 13-22-204. Effect of agreement to arbitrate--nonwaivable provisions - last updated January 01, 2025 | https://codes.findlaw.com/co/title-13-courts-and-court-procedure/co-rev-st-sect-13-22-204/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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