Oklahoma § 12-1855 - Waivers

§ 12-1855. Waivers

A. Except as otherwise provided in subsections B, C and D of

this section and subject to the public policy of this state as

expressed in the Uniform Arbitration Act, including Section 1880 of

this title, and in the laws of this state outside of this act, a

party to an agreement to arbitrate or to an arbitration proceeding

Oklahoma Statutes - Title 12. Civil Procedure

may waive, or the parties may vary the effect of, the requirements

of the Uniform Arbitration Act 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 of

subsection A of Section 1856, subsection A of Section 1857, Section

1859, subsection A or B of Section 1868, Section 1877 or Section

1879 of this title;

2. Agree to unreasonably restrict the right under Section 1860

of this title to notice of the initiation of an arbitration

proceeding;

3. Agree to unreasonably restrict the right under Section 1863

of this title to disclosure of any facts by a neutral arbitrator; or

4. Waive the right under Section 1867 of this title of a party

to an agreement to arbitrate to be represented by a lawyer at any

proceeding or hearing under the Uniform Arbitration Act, 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 or subsection A or C of Section

1854, Section 1858, Section 1865, Section 1869, subsection D or E of

Section 1871, Section 1873, 1874 or 1875, subsection A or B of

Section 1876, or Section 1880 of this title.

D. The Uniform Arbitration Act shall not apply to collective

bargaining agreements and contracts which reference insurance,

except for those contracts between insurance companies.

Added by Laws 2005, c. 364, § 5. Amended by Laws 2008, c. 111, § 1,

eff. Nov. 1, 2008.