Colo. Rev. Stat. § 13-22-204

Current through Chapter 123 of the 2024 Legislative Session
Section 13-22-204 - Effect of agreement to arbitrate - nonwaivable provisions
(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.

C.R.S. § 13-22-204

L. 2004: Entire part R&RE, p. 1719, § 1, effective August 4.