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§ 50‑42.1. Nonwaivable provisions.

  • (a) Except as otherwise provided in subsections (b) and (c) of this section or in this Article, a party to an agreement to arbitrate or an arbitration proceeding may waive, or the parties may vary the effect of, the requirements of this Article to the extent provided by law. Any waiver or agreement must be in writing.
  • (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 G.S. 50‑42, 50‑49(a), (b), or (c), 50‑58, or 50‑59.
    2. Agree to unreasonably restrict the right to notice of the initiation of an arbitration proceeding under G.S. 50‑42.2(a) or (b).
    3. Agree to unreasonably restrict the right to disclosure of any facts by a neutral arbitrator under G.S. 50‑45.1.
  • (c) Except as otherwise provided in this Article, a party to an agreement to arbitrate or an arbitration proceeding may not waive, or the parties shall not vary the effect of, the requirements of this section or G.S. 50‑43, 50‑45(f), 50‑52 through 50‑57, or 50‑60 through 50‑62.
  • (d) Any waiver contrary to this section shall not be effective but shall not have the effect of voiding the agreement to arbitrate. (2005‑187, s. 1.)

Call the Law Office of John P. Fernandez if you have questions or need legal representation in a family law matter. John Fernandez is licensed to practice law in North Carolina. The laws of North Carolina may differ from other states and no information contained herein should be considered legal advice.

About John Fernandez

John P. Fernandez | Child Custody and Divorce Lawyer | Raleigh, NCAttorney John Fernandez works with North Carolina individuals and families who need advice or representation in estate planning and administration matters. John provides an in-depth analysis of each client’s needs and works toward reducing estate taxes, avoiding probate and ensuring that health care decisions are handled appropriately. John helps individuals with modest and large estates achieve their goals.

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John P. Fernandez
Attorney at Law
9555 US Highway 15-501 North
Chapel Hill, NC 27517
(919) 601-5028

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