North Carolina § 90-21 - 60. Voluntary arbitration; prior agreements to arbitration void.

§ 90-21. 60. Voluntary arbitration; prior agreements to arbitration void.

Application of Article. - This Article applies to all claims for damages for personal injury or wrongful death based on alleged negligence in the provision of health care by a health care provider as defined in G.S. 90-21.11 where all parties have agreed to submit the dispute to arbitration under this Article in accordance with the requirements of G.S. 90-21.61. When Agreement Is Void. - Except as provided in G.S. 90-21.61(a), any contract provision or other agreement entered into prior to the commencement of an action that purports to require a party to elect arbitration under this Article is void and unenforceable. This Article does not impair the enforceability of any arbitration provision that does not specifically require arbitration under this Article. History (2007-541, s. 1.) Editor's Note. - Session Laws 2007-541, s. 3, made this article effective January 1, 2008, and applicable to agreements to arbitrate entered into on or after that date. Legal Periodicals. - For article, "Clause Construction: A Glimpse Into Judicial and Arbitral Decision-Making,” see 68 Duke L.J. 1324 (2019).